This is the exact embedded text of the captured official document.
Snapshot 3f288ee3dae3 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2023-060-RE
BEING A BY-LAW to protect Private, Heritage, and Mature
Trees and to require for compensation, relocation and/or
removal/cutting of Mature Trees on Private Property in the
Secondary Plan Areas of the Town of Whitchurch-
Stouffville implemented through site plan agreements,
subdivision agreements, or conditions of consent under
Sections 41 , 51, or 53, respectively of the Planning Act,
1990, as amended.
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville
resolves that Trees provide numerous ecosystem goods and services by providing
shade, habitat for wildlife, removal of air pollutants, and the removal and storage of
atmospheric carbon dioxide, and Trees can further help in stormwater management
by reducing the amount of runoff that enters stormwater and sewer systems; and
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville
recognizes that new developments often involve removal of mature Trees resulting in
a net reduction in total Tree canopy coverage area; and
WHEREAS Section 135 (1) of the Municipal Act, 2001 authorizes a local Municipality
to prohibit or regulate the destruction or injuring of Trees; and
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville
implements tree-cutting compensation to be implemented through site plan
agreements, subdivision agreements, or conditions of consent under Sections 41, 51 ,
or 53, respectively of the Planning Act, 1990, as amended.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. DEFINITIONS
For the purpose of this By-law:
"Applicant" means a Person submitting a Planning Act, 1990 Application. If the
applicant is not the Owner of the property, authorization from the property Owner shall
be required.
"Application" means a Planning Act, 1990 Application.
"Arborist" means any Persons recognized as being "Qualified" by the Ontario Ministry
of Colleges and Universities, being "Certified" by the International Society of
Arboriculture, (ISA Certified), a consulting Arborist registered with the American
Society of Consulting Arborists, a Registered Professional Forester, or a Person with
other similar qualifications as approved by the Town or the Director and/or designate.
"Arborist Report" means a technical report prepared or reviewed by an Arborist, that
identifies the location, species, size, condition of Tree (health and structure; good, fair
or poor), and describes the reason for removal or the Maintenance strategies and
measures to be taken to protect and preserve the Tree and space for future growth.
"Boundary Tree" means a Private Tree inclusive of its Habitat that straddles across
two properties whether private or public.
"By-law Enforcement Officer" means a Person employed by the Town to enforce
the Town's By-laws.
"Cash-in-lieu Compensation" means the monetary value, plus all applicable taxes,
of the Tree determined to be removed or to be replaced, and to be calculated by the
By-law 2023-060-RE
Page 2 of 11
Town as set out in the Town's current Fees and Charges By-law, as may be amended
from time to time, or at a value determined by the Director and/or designate, based
on the Tree as it existed prior to being injured or destroyed.
"DSH" or "Diameter at Standard Height" means the measurement, at 1.3 meters
from the mean grade of the surrounding soils or materials that are not part of the Tree,
of the diameter of the trunk of a Tree from outside the bark. Where there are multiple
stems on a Tree, the total of the diameters of all the stems measured shall be
recognized as the diameter of the Tree.
"Dead or Dying" means a Tree with no living tissue, a Tree where seventy (70)
percent or more of its crown is dead, or a Tree infected by a lethal invasive species,
as certified by an Arborist.
"Director" means the Town's Director of Public Works, or Director of Development
Services, or their designate as the context may require.
"Good Arboricultural Practice" means the proper implementation of removal,
renewal and maintenance activities known to be appropriate for individual Trees in
and around urban areas to minimize detrimental impacts on urban forest values, and
includes pruning of Trees to remove dead limbs, maintain structural stability and
balance, or to encourage their natural form, provided that such pruning is limited to
the appropriate removal of not more than one-third of the live branches or limbs of a
Tree.
"Habitat" means an area that the Tree requires to sustain growth, health and vigor,
and where the most vital root growth of the Tree is found .
"Heritage Tree" means a Tree designated under Part IV or Part V of the Ontario
Heritage Act, R.S.O. 1990, c. 0 . 18, protected under a heritage conservation
easement agreement, or recognized or nominated as a Heritage Tree by the Ontario
Heritage Tree Program of Forests Ontario.
"Landscape Plans" mean all plans related to Landscape design of the proposed
development submitted with Planning Act, 1990 Applications which may include but
not be limited to Tree Inventory Plan, Tree Protection Plan, Planting Plan , Landscape
Design and Details Plan.
"Maintenance" means the proper plant health care (watering, fertilizing and disease
and insect control), cabling or bracing in accordance with Good Arboriculture
Practices.
"Mature Tree" means any Private Tree located on Private Property with a DSH of 30
cm or greater, within the Town of Whitchurch-Stouffville settlement areas in an
approved Secondary Plan , and shall not be removed or relocated unless permitted
by the Director and/or designate.
"Municipal Law Enforcement Officer" means a Police Officer, a Municipal Law
Enforcement Officer appointed by the Town , or any other agent acting on behalf of
the Town .
"Order" means an Order issued under Section 6 of this By-law by a By-law
Enforcement Officer.
"Owner" means the registered Owner of the property on which the base of the Tree
is wholly situated, or in the case where the base of a Tree straddles a property line,
then the Tree is considered to be owned by both property owners under this By-law.
Where the base of a Tree is situated on the property of one registered Owner and the
trunk leans over an abutting property before the height of 1.3 meters, then the Tree
is also considered to be owned by both property owners. For the purpose of this
definition, base of the Tree shall mean where the trunk of the Tree meets the grade
of the surrounding soils or materials surrounding the Tree, but shall not include the
roots or lateral scaffolding branches if the trunk is not located on the property.
By-law 2023-060-RE
Page 3 of 11
"Permit" means written permission issued by the Town to the Owner or Applicant
granting authorization for removing, injuring destruction of Tree(s) on private property.
"Person and/or Persons" includes a natural individual, a corporation, partnership,
proprietorship or other form of business association and the heirs, executors,
administrators, successors and assigns, or other legal representatives thereof, or a
receiver or mortgagee in possession.
"Planning Act Application" means a Site Plan , a Plan of Subdivision or a Consent
Application submitted and processed under Sections 41 , 51 or 53, respectively of the
Planning Act, 1990, as amended.
"Planning Approvals" mean approvals obtained by the Director and/or Council
through the Planning Act, 1990 Applications review and approval process.
"Private Property" means any property not owned by the Town, Regional, Provincial
or Federal Government, a Crown Corporation, Hydro, Utility, or Railway Company.
"Private Tree" means a Tree owned, maintained or planted on Private Property, and
thus in the care of such Owner, including Mature Trees, and including trees with a
DSH of 10 cm or greater which is not a Mature Tree, but expressly does not include
any Tree in the public right of way or on a Municipal Property.
"Region" means the Regional Municipality of York.
"Registered Professional Forester" means a member of The Ontario Professional
Foresters Association entitled to use the designation of "Registered Professional
Forester" pursuant to subsection 14(6) of the Professional Foresters Act, 2000, S.O.
2000, c. 18, as amended.
"Replacement Tree" means the nursery stock used to replace a Tree, being
deciduous nursery stock with a minimum caliper of fifty (50) mm measured no less
than fifteen (15) cm above ground level, or coniferous nursery stock no less than two
hundred (200) cm in height as measured from ground level to midway between the
tip of the leader and the uppermost whorl, or as otherwise approved by the Town.
"Silviculture Treatment" means the care and maintenance of a Tree and its habitat
in a manner that meets or exceeds the Town's expectations for a sustainable and
resilient urban forest.
"Town" or "Municipality" means The Corporation of the Town of Whitchurch-
Stouffville, or the geographic area of the same as the context requires.
"Town Arborist" means an Arborist employed by the Town or an Arborist selected
by the Town.
"Tree" means a plant having a permanently woody main stem or trunk, ordinarily
growing to a considerable height, and usually developing branches at some distance
from the ground, or any of the various shrubs, bushes, and plants, resembling a Tree
in form and size.
"Tree Care Company" means any Company that employs an ISA Certified Arborist
to care for, remove or prune a Tree.
"Tree Planting Guide" (TPG) means a comprehensive plan identifying appropriate
spacing, type of Habitat, (including soil structure), Tree, shrub, and plant species.
TPG will also include Tree stabilization, mulching and post-planting and
establishment care. TPG will be guided by the latest 'Ontario Landscape Tree
Planting Guide' and may also be guided by local Conservation Authorities if planting
areas are within their jurisdiction.
"Tree Protection Measures" (TPM) means the way the area around a Tree will be
protected.
By-law 2023-060-RE
Page 4 of 11
"Tree Protection Plan" (TPP) means a plan prepared in conjunction with an Arborist
Report that identifies and illustrates details of protection measures including the
location and size of protective barriers.
"Tree Protection Zone" (TPZ) means an area around a Tree required by the Town
to be protected to sustain growth, health and vigor, and where the most vital root
growth of the Tree is found as determined by an Arborist.
"Tree Security" means security posted by the Owner or Applicant to guarantee
planting and Maintenance of the Private Trees.
"Work" means anything done or proposed to be done on a property which requires
an Application or planning approval by or with the Town or other authority.
2.
SCOPE/ APPLICABILITY
2.1.
This By-law shall apply to regulate the protection of Private Trees, Mature
Trees, and Heritage Trees, and to require for compensation, relocation and/or
removal/cutting of Mature Trees through the approval of a Site Plan, a Plan of
Subdivision or a Consent Application under Sections 41 , 51 or 53, respectively
of the Planning Act, 1990, for new development in the Town of Whitchurch-
Stouffville settlement areas in an approved Secondary Plan. This includes:
Vandorf-Preston Lake, Community of Stouffville, Gormley, Ballantrae-
Musselman Lake and the Hamlet of Bloomington.
For the purposes of this By-law, where a Planning Act, 1990 Application has
been submitted by an Owner or Applicant, and the removal, cutting or injuring
of Private Trees and/or Mature Trees has taken place within the 60 month
period prior to submission of a Planning Act, 1990 Application (or such other
period of time as determined by the Town), the Owner shall be presumed to
have injured, destroyed, or caused to be injured or destroyed the Tree(s),
located on the Owner's property or contravened or caused the contravention
of the conditions of a permit issued under this By-law, as the case may be,
which presumption may be rebutted by evidence to the contrary on a balance
of probabilities.
2.2.
PROTECTION OF PRIVATE TREES
a)
Where Heritage Trees exist on a Private Property, any/all such Trees and their
Habitat must be identified, listed and described on the Landscape Plans
submitted with the Planning Act, 1990 Applications and shall be protected at
all times from any and all Work being completed within the Private Property.
b)
Where Mature Trees exist on a Private Property, any/all such Trees and their
Habitat must be identified, listed and described on the Landscape Plans
submitted with the Planning Act, 1990 Applications and shall be protected at
all times from any and all Work being completed within the Private property.
c)
Where Private Trees exist on a Private Property, any/all such Trees and their
Habitat identified for protection must be identified, listed and described on the
Landscape Plans submitted with the Planning Act, 1990 Applications.
d)
All Heritage, Mature and Private Trees and their Habitat identified to be
protected or be affected by the Work shall be identified on the Landscape Plans
and/or included in the Arborist Report and Landscape Plans, submitted with
the Planning Act, 1990 Applications, to the satisfaction of the Director and/or
designate which shall include the following minimum requirements:
i)
Tree Protection Zone shall include a 1.2 metres (4ft) high hoarding around the
complete Tree where possible;
ii)
Hoarding shall surround the Private Tree(s) to a minimum radius of 2.5 metres
(8ft) for the first 30 cm DSH;
By-law 2023-060-RE
Page 5 of 11
iii)
Hoarding shall be constructed with a minimum 2X4 KO Spruce framing
supported with corner ties and filled with high visibility manufactured fencing
or greater materials. Hoarding shall be staked into the ground, so construction
activities will not be able to move or intrude into the TPZ;
iv)
Hoarding shall be constructed with sufficient strength as to keep all
construction activities and materials outside of the TPZ;
v)
If lateral branches are extended outside of the TPZ, then construction
activities shall not have an effect on those branches, or pruning shall be done
by an ISA Certified Arborist so construction activities will not come into contact
with or cause damage to those lateral branches;
vi)
Hoarding radiuses will increase 0.5 metres beyond the 2.5 metres for every
10 cm DSH added as the following examples show:
-
30 cm DSH = 2.5 metre radius
-
40 cm DSH = 3.0 metre radius
-
50 cm DSH = 3.5 metre radius
-
60 cm DSH = 4.0 metre radius and so on
vii)
Tree Protection Zones shall be maintained in good condition and shall not be
altered, moved or removed unless authorized by the Town Arborist and/or
designate; and
viii)
The Owner shall contact the Town Arborist for inspection of Tree Protection
Measures prior to any construction activities on the property.
2.3.
RELOCATION OF MATURE TREES
a)
Relocation or cause to relocate a Heritage Tree(s) on a Private Property is
strictly prohibited at all times in the Town, from any and all Work being
completed within the Private Property.
b)
Where Mature Tree(s) exist on Private Property, all such Tree(s) and their
Habitat must first be preserved and protected from any and all Work being
completed within the Private Property.
c)
If the Mature Tree(s) and its Habitat cannot be preserved due to proposed new
development, all efforts shall be taken to relocate the Mature Tree(s) to another
suitable site as chosen by the Director and/or designate, either within the
Private Property or on Municipal lands in the Secondary Plan area in which it
is located.
d)
All costs associated with relocating the Mature Tree(s) shall be borne by the
Owner or the Applicant with compensation included for the future care and
Maintenance of the Mature Tree(s) as set out in the Town's current Fees and
Charges By-law, as may be amended or replaced from time to time.
2.4.
REMOVAL/CUTTING OF MATURE TREES
a)
Removal/cutting or cause to remove/cut a Heritage Tree(s) on Private Property
is strictly prohibited at all times from any and all Work being completed within
the Private Property.
b)
Notwithstanding 2.2(b), where Mature Tree(s) exist on Private Property, such
Mature Tree(s) may be permitted to be removed/cut, subject to the approval of
the Director and/or designate under following circumstances:
-
to accommodate new development;
-
the Mature Tree(s) constitutes a hazard to life or property and is a public
nuisance as determined by the Director and/or designate;
-
the Mature Tree(s) is infested by disease or injurious insects and is structurally
compromised as determined by an ISA Certified Arborist;
-
the Mature Tree(s) is a Dead or Dying Tree;
By-law 2023-060-RE
Page 6 of 11
-
the Mature Tree(s) is planted so close to another Tree that it impedes the
proper growth of the other Tree; or,
-
any other good reason which the Director and/or designate may deem
necessary.
c)
Subject to 2.4 (b) no Person , shall remove/cut, any Mature Tree and its Habitat
except as expressly authorized to do so by the Director and/or designate
through the review and approval of Planning Act, 1990 Applications.
d)
The Director and/or designate is authorized to require Mature Tree
removal/cutting compensation either through planting Replacement Tree(s) or
paying Cash-in-lieu Compensation for every Mature Tree proposed to be
removed/cut, through the review and approval of Planning Act, 1990
Applications and implemented by including it as a condition approval of the
Planning Act, 1990 Application by the Director and/or designate, as follows:
i)
Replacement Tree(s) for each Mature Tree removed/cut, to be planted on the
same Private Property, at a ratio of:
-
3:1 for Mature Trees 30 cm to 49cm in DSH;
-
5:1 for Mature Trees 50 cm in DSH;
-
1 replacement Tree for every 10 cm in DSH of Mature Tree(s)
removed ; or,
-
If the above ratios are not deemed appropriate by the Director and/or
designate for the site, Tree replacement and compensation shall be
determined through the Planning Act, 1990 Application review and
approval process and as approved by the Director and/or designate.
ii)
Notwithstanding 2.4 (d)(i), if any/all Replacement Tree(s) planting cannot be
accommodated on the Private Property, as determined by the Director and/or
designate, the Owner/Applicant must pay the Cash-in-lieu Compensation for
each Replacement Tree, as per 2.4 (d)(i) above, in accordance with the Town's
Fees and Charges By-law as may be amended or replaced from time to time,
which would be used for planting additional Trees or maintenance of existing
on municipal lands, implemented by including it as a condition approval of the
Planning Act, 1990 Application by the Director and/or designate.
iii)
Any/all Replacement Tree(s) proposed to be planted and existing Private
Tree(s) proposed to be protected on the property, shall be secured for planting
and Maintenance through appropriate securities and implemented by including
it as conditions of approval of Planning Act, 1990 Applications.
e)
Where a Mature Tree is a Boundary Tree, the Owner/Applicant shall provide
to the Director and/or designate the written consent of the other property
Owner or Owners to the Application.
3.
IMPLEMENTATION
3.1.
Submission materials submitted to the Director and/or designate as part of a
Planning Act, 1990 Application, when required , shall provide but not be limited
to the following , to the satisfaction of the Director and/or designate:
a)
The name, address and telephone number of the Owner and Applicant;
b)
Arborist Report;
c)
Landscape Plans satisfactory to the Director and/or designate;
d)
A Tree Planting Guide or compensation plan identifying either
appropriate Tree compensation or financial compensation for the
removal of the Tree(s);
e)
A Tree Protection Plan;
By-law 2023-060-RE
Page 7 of 11
f)
Size and condition of the Private and Mature Tree(s) to be removed;
and,
g)
Such additional information and documentation as the Director and/or
designate may require.
3.2.
Where Planning Approval has been granted by the Town, no Person shall
permit relocation, removal/cutting or cause the relocation and removal/cutting
of any Private Tree(s) and/or Mature Tree(s) unless it is done in accordance
with the conditions of the Planning Approvals and any other supporting
documentation relevant to the granting of the Planning Approvals.
3.3.
The Director and/or designate may require an Arborist Inspection Fee where
an inspection is undertaken in order to determine compliance with this By-law
or the conditions of Planning Approvals.
3.4.
All fees shall be paid by the Owner/Applicant as set out in the Town's current
Fees and Charges By-law, as may be amended or replaced from time to time.
3.5.
The Owner/Applicant shall notify all contractors and other parties working on
any site of applicable approved Plans and Reports, and shall ensure that all
contractors and other parties adhere strictly to the requirements of the
applicable approved Plans and Reports.
3.6.
Every Person carrying out Work on Private Property or carrying out Work that
may impact a Mature Tree and its Habitat on Private Property, shall carry out
such Work in accordance with:
a)
This By-law;
b)
The terms and conditions of the Director and/or designate; and
c)
Any/all Approved Landscape Plan(s) or Arborist Report(s) submitted
with the Planning Act, 1990 Application(s).
3.7.
No Person shall place any building material, construction equipment or other
similar objects during the construction process against or under a Mature Tree
and its Habitat that may cause damage to the Mature Tree or compaction to
the soils in which the Mature Tree is growing.
3.8.
No Person shall bury the roots, mark, cut, break, and peel or deface any part
of a Mature Tree and its Habitat during the construction process.
4.
EXEMPTIONS
4.1.
The provisions of this By-law do not apply to:
a)
Any Private Tree that falls under the Region's Forest Conservation By-law No.
2013-68, as amended.
b)
Activities or matters or the removal of any Private Tree exempted pursuant to
subsection 135(12) of the Municipal Act, 2001;
c)
The removal/cutting of a Private Tree or a Mature Tree, or where specifically
noted in the following clauses, that:
i.
is required as a result of Emergency Work, as defined in this By-law;
ii.
is required under an Order under any Property Standards By-law of the Town;
iii.
any utility company or Person(s) or Tree Care Company requiring the pruning,
Maintenance or removal of branches or limbs of any Private Tree, where the
branches or limbs interfere with existing utility conductors, buildings or
structures, or cause hazards, provided such activities shall be carried out in
accordance with Good Arboricultural Practice;
iv.
is a Private Tree on a raised podium, in an indoor courtyard, in a solarium or
on a rooftop garden, excluding rooftops of parking garages or other
substructures below or at grade;
By-law 2023-060-RE
Page 8 of 11
v.
is a Private Tree in a nursery or cultivated orchard, provided that it is a Private
Tree devoted to the nursery or orchard business and maintained for sale or
propagation of Trees or fruits for sale;
vi.
is a Private Tree located on an existing and actively operating golf course;
vii.
Private Trees within a Tree Farm that are being actively managed and
harvested for the purpose for which the Private Trees were planted;
viii.
invasive species as determined by the Ontario Invasive Species Act, 2015;
and,
Ix.
is a situation where there is concern for health and safety, as determined by
the Director and/or designate.
5.
DELEGATED AUTHORITY
5.1.
The Director and/or designate is hereby delegated the authority and
responsibility for the administration of this By-law, including the authority to
receive certificates from Arborists, drawings, plans, reports and studies for the
purpose of this By-law and any associated fees, to issue, to revoke and to
refuse to issue approvals and also to impose conditions through Planning
Approvals in accordance with this By-law.
5.2.
The
Director and/or designate are
hereby authorized
to
delegate
responsibilities for the administration and enforcement of this By-law to any
Town staff or external third parties deemed to be qualified and appropriate by
the Director and/or designate for such purposes.
5.3.
The Director and/or designate, the Town Arborist and Municipal Law
Enforcement Officers of the Town are hereby delegated the authority to
enforce this By-law, including the authority to conduct inspections of Private
Tree(s) pursuant to the exercise of their authority under this By-law and any
other enacted Town By-law or legislation.
6.
ENFORCEMENT
6.1.
Every Person including a corporation, that contravenes any provision of this
By-law, including any Order issued under this By-law shall be deemed guilty of
an offence.
6.2.
Where the Town is satisfied that a contravention of this By-law has occurred,
the Town may issue an Order requiring the Person who contravened this By-
law, or who caused or permitted the contravention or the Owner, Applicant or
occupier of the land on which the contravention occurred, to do Work to correct
the contravention.
6.3.
Where any Person(s) including a corporation that contravenes an Order issued
under Section 6.2, the Municipal Law Enforcement Officer may, without notice
to the Person(s) or the corpor~tion , cause the Work to correct the contravention
to be done at each Person(s)' or corporation's expense, including any
administrative or additional fees as required under the Town's Fees and
Charges By-law. Without limitation, the Municipal Law Enforcement Officer
may retain such Person(s) to assist in completing the Work as the Municipal
Law Enforcement Officer determines appropriate.
6.4.
If an Order has been issued under this By-law, 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 a day that the Order is not complied
with .
6.5.
A Municipal Law Enforcement Officer may:
a)
Issue an Order, describing a contravention, specifying the timeframe for its
remedy, and establishing any other conditions deemed appropriate to mitigate
any potentially adverse impacts;
By-law 2023-060-RE
Page 9 of 11
b)
Pursuant to the authorization of the Director and/or designate, suspend or
revoke a Permit for any violation of this By-law or the conditions of a Permit.
6.6.
In addition to the Director and/or designate and the Town Arborist, at any
reasonable time, enter on any land for the purpose of enforcing an Order
issued under this By-law, to carry out any work permitted by Section 6.3 of this
By-law, and/or carrying out an inspection to determine whether or not the
following are being complied with:
(a) this By-law;
(b) direction or Order made pursuant to this By-law or the Municipal Act, 2001;
(c) condition of a Permit issued under this By-law; or
(d) an Order made under Section 431 of the Municipal Act, 2001.
6.7.
For the purposes of an inspection under subsection (6.6), the Person
conducting the inspection 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
purposes of the inspection.
6.8.
The Director and/or designate may undertake an inspection pursuant to an
Order issued under section 438 of the Municipal Act, 2001.
6.9.
No Person shall obstruct a Municipal Law Enforcement Officer who is carrying
out an inspection pursuant to this By-law. Any Person who obstructs the
Municipal Law Enforcement Officer is guilty of an offence.
7.
PENALTY
7 .1.
Every Person who is guilty of an offence under this By-law shall be subject to
the following penalties:
a)
Upon a first conviction, to a fine of not less than $500 and not more than
$50,000;
b)
Upon a second or subsequent conviction for the same offence, to a fine of not
less than $2,000 and not more than $100,000;
c)
Upon conviction for a continuing offence, to a fine of not less than $2,000 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;
d)
Upon conviction of a multiple offence, for each offence included in the multiple
offence, to a fine of not less than $2,000 and not more than $10,000. The total
of all fines for each included offence is not limited to $100,000.
7.2.
For the purposes of this By-law, "multiple offences" means an offence in
respect of two (2) or more acts or omissions each of which separately
constitutes an offence and is a contravention of a provision of this By-law. For
greater certainty, when multiple Private or Mature Trees are removed/cut the
removal/cutting of each Private or Mature Tree is a separate offence.
7.3.
When a Person has been convicted of an offence under this By-law:
a)
the Ontario Court of Justice; or
By-law 2023-060-RE
Page 10 of 11
b)
any Court of competent jurisdiction thereafter may, in addition to any other
penalty imposed on the Person convicted, make an Order prohibiting the
continuation or repetition of the offence by the Person convicted.
7.4.
Municipal fees for administration and enforcement activities under this By-law
shall be subject to the rates and fees set out in the Town's current Fees and
Charges By-law as amended or any successors thereto.
7.5.
Upon conviction of an offence under this By-law, in addition to any other
remedy or penalty, the Town may further request the court in which the
conviction is entered and any court of competent jurisdiction thereafter to
make an Order:
a)
prohibiting the continuation or repetition of the offence by the Person convicted;
and
b)
requiring the Person convicted to correct the contravention in the manner and
within the period the court may consider appropriate, which may include a
request for an Order for:
i)
the planting or replanting of any Private Tree(s) removed in a specified
location and within a specified period of time; and
ii)
the Application of any Silvicultural Treatment that may be necessary to
re-establish the Private Tree(s).
8.
SEVERABILITY
8.1.
If a court of competent jurisdiction should declare any section or part of a
section of this By-law to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the
remainder of this By-law and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
9.
SHORT TITLE
9.1. The short title of this By-law is the "Private Tree Preservation and Protection By-
law related to Development Applications".
READ a first and second time this 7th day of June, 2023.
READ a third time and passed this 7th day of June, 2023.