By-laws respecting trees
223.2(1)The council of a local municipality, having a population according to the last enumeration taken under section 15 of the Assessment Act that exceeds 10,000, may pass by-laws, (a) prohibiting or regulating the injuring or destruction of trees or any class of trees specified in the by-law in any defined area or on any class of land; (b) requiring that a permit be obtained for the injuring or destruction of trees specified in the by-law and prescribing fees for the permit; and (c) prescribing circumstances under which a permit may be issued. Conditions (2)The council may impose such conditions to a permit as in the opinion of the council are reasonable. Delegation (3)The council may by by-law delegate the authority to issue permits to an appointed officer, including the authority to impose conditions to permits. Conditions (4)A delegation made by a council under subsection (3) may be subject to such conditions as the council may by by-law provide. Appeal to the O.M.B. (5)An applicant for a permit under a by-law passed under subsection (1) may appeal to the Municipal Board, (a) if the council refuses to issue a permit, within 30 days after the refusal; (b) if the council fails to make a decision on an application, within 45 days after the application is received by the clerk; or (c) if the applicant objects to a condition in the permit, within 30 days after the issuance of the permit. Order (6)The Municipal Board may make any decision that the council that received the application for a permit could have made. Appointment of officers (7)The council may by by-law designate one or more persons as officers for the purposes of this section and assign to them the responsibility for the enforcement of the by-law. Inspections (8)Subsections 223.1 (4) to (8) apply as though an officer were an inspector. Order (9)If an officer is satisfied that a contravention of a by-law passed under subsection (1) has occurred, the officer may make an order requiring the person to stop the injuring or destruction of trees and the order shall contain particulars of the contravention. Appeal (10)A person to whom an order under subsection (9) has been directed may appeal the order to the council of the municipality by filing a notice of appeal with the clerk of the municipality within 30 days after the date of the order. Hearing (11)As soon as practicable after a notice of appeal is filed, council shall hear the appeal and may confirm, alter or revoke the order. Decision final (12)The decision of council under subsection (11) is final. 1994, c. 23, s. 56. Non-application (13)A by-law passed under this section does not apply to, (a) activities or matters undertaken by the provincial or federal government or their agents or a transmitter or distributor as defined in the Electricity Act, 1998; (b) activities or matters authorized under the Crown Timber Act; or (c) activities or matters prescribed by regulation. 1994, c. 23, s. 56; 1998, c. 15, Sched. E, s. 19 (9). Conflicts (14)If there is a conflict between a by-law passed under subsection (1) and a by-law passed under the Trees Act, the provision that is the most restrictive of the injuring or destruction of trees prevails. Offence (15)A by-law passed under subsection (1) may provide that any person who contravenes the by-law or an order under subsection (9) is guilty of an offence and on conviction is liable, (a) on a first conviction, to a fine of not more than $10,000; and (b) on any subsequent conviction, to a fine of not more than $20,000. Further order (16)If a person is convicted of an offence under a by-law passed under subsection (1), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence of any person. Same (17)If a person is convicted of an offence under a by-law passed under subsection (1), the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to replant or have replanted such trees in such manner and within such period of time as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees or have the trees re-established. Obstruction (18)No person shall obstruct an officer who is carrying out an inspection under this section. Offence (19)A person who contravenes subsection (18) is guilty of an offence. Agreement respecting enforcement (20)The council of a regional, metropolitan or district municipality and the County of Oxford and a county may enter into an agreement with one or more local municipalities for the designation by the council of one or more officers for the administration of by-laws passed under subsection (1) by the local municipality or municipalities and for charging those municipalities the whole or part of the costs of the officers. Regulations (21)The Lieutenant Governor in Council may make regulations prescribing activities or matters to which by-laws under this section do not apply. 1994, c. 23, s. 56.