PART III SPECIFIC MUNICIPAL POWERS
135.
135 (1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.  2006, c. 32, Sched. A, s. 71 (1). Woodlands (2) Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.  2006, c. 32, Sched. A, s. 71 (1). Definition (3) In this section, “woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area.  2001, c. 25, s. 135 (3). Restriction (4) If an upper-tier municipality by-law in respect of woodlands is in effect in a lower-tier municipality, the lower-tier municipality may not prohibit or regulate the destruction of trees in any woodlands designated in the upper-tier by-law and any lower-tier by-law, whether passed before or after the upper-tier by-law comes into force, is inoperative to the extent that it applies to trees in the designated woodlands.  2001, c. 25, s. 135 (4). Factor to be considered (5) In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act.  2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1). Notice (6) An upper-tier municipality shall immediately notify its lower-tier municipalities of the passing of a by-law under subsection (2).  2001, c. 25, s. 135 (6). Conditions (7) Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section, (a)  require that a permit be obtained to injure or destroy trees; and (b)  impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees.  2001, c. 25, s. 135 (7); 2006, c. 32, Sched. A, s. 71 (2). Delegation to lower-tier municipality (8) An upper-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees in woodlands to one or more of its lower-tier municipalities with the agreement of the lower-tier municipality or municipalities, as the case may be.  2001, c. 25, s. 135 (8). Effect of delegation (9) Subsection (4) does not apply to that part of a lower-tier by-law authorized by the delegation of power from the upper-tier municipality.  2001, c. 25, s. 135 (9). Delegation to upper-tier municipality (10) A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees to its upper-tier municipality with the agreement of the upper-tier municipality.  2001, c. 25, s. 135 (10). (11) Repealed:  2006, c. 32, Sched. A, s. 71 (3). Exemption from by-law (12) A by-law passed under this section does not apply to, (a)  activities or matters undertaken by a municipality or a local board of a municipality; (b)  activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; (c)  the injuring or destruction of trees by a person licensed under the Surveyors Act
to engage in the practice of cadastral surveying or his or her agent, while making a survey; (d)  the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (e)  the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (f)  the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (g)  the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (h)  the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i)  that has not been designated under the Aggregate Resources Act
or a predecessor of that Act, and (ii)  on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act.  2001, c. 25, s. 135 (12); 2002, c. 17, Sched. A, s. 27 (3, 4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 27 (1-4) - 01/01/2003 2006, c. 32, Sched. A, s. 71 (1-3) - 01/01/2007 136 Repealed:  2006, c. 32, Sched. A, s. 72. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 72 - 01/01/2007 137 Repealed:  2006, c. 32, Sched. A, s. 72. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 28 - 01/01/2003 2006, c. 32, Sched. A, s. 72 - 01/01/2007 138 Repealed:  2006, c. 32, Sched. A, s. 72. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 29 - 01/01/2003 2006, c. 32, Sched. A, s. 72 - 01/01/2007