Forestry Act
R.S.O. 1990, c. F-26
Amended by: 1998, c. 15, Sched. E, s. 13; 1998, c. 18, Sched. I, ss. 20, 21;
2000, c. 26, Sched. L, s. 4.
Definitions
1. (1) In this Act,
"county" includes a district municipality and a regional municipality;
("comté")
"forest tree pest" means any vertebrate or invertebrate animal or any
virus, fungus, or bacterium or other organism that is injurious to trees
commonly found growing in a forest or windbreak or the products from
such trees; ("parasites d'arbres forestiers")
"forestry purposes" includes the production of wood and wood products,
provision of proper environmental conditions for wild life, protection
against floods and erosion, recreation, and protection and production of
water supplies; ("fins forestières")
"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 detriments 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; ("bonnes pratiques
forestières")
"improvement" does not include a treatment designed solely to produce
immediate revenue; ("amélioration")
"infestation" means an actual or potential infestation or infection by a
forest tree pest; ("infestation")
"Minister" means the Minister of Natural Resources; ("ministre")
"Ministry" means the Ministry of Natural Resources; ("ministère")
"municipality" means a municipality as defined in the Municipal Act and
a district municipality and a regional municipality; ("municipalité")
"nursery stock" means coniferous or hardwood seedlings, transplants,
grafts, or trees propagated or grown in a nursery and with the roots
attached, and includes cuttings with or without the roots attached;
("plants de pépinière")
"officer" means a person appointed by the Minister for the purposes of
this Act; ("agent")
"owner" means a person having any right, title, interest or equity in
land; ("propriétaire")
"regulations" means the regulations made under this Act; ("règlements")
"woodlands" means land with at least,
(a) 1,000 trees, of any size, per hectare,
(b) 750 trees, measuring over five centimetres in diameter, per hectare,
(c) 500 trees, measuring over 12 centimetres in diameter, per hectare,
or
(d) 250 trees, measuring over 20 centimetres in diameter, per hectare,
but does not include a cultivated fruit or nut orchard or a plantation
established for the purpose of producing Christmas trees. ("terrain
boisé") 1998, c. 18, Sched. I, s. 20; 2000, c. 26, Sched. L, s. 4 (1).
Same
(2) For the purpose of the definition of "woodlands", all measurements of
the trees are to be taken at 1.37 metres from the ground. 1998, c. 18,
Sched. I, s. 20.
Agreements re forestry development
2. (1) The Minister may enter into agreements with owners of land suitable for
forestry purposes that provide for the management or improvement of the
land for these purposes upon such conditions as the Minister considers
proper. 1998, c. 18, Sched. I, s. 20.
Grants
(2) The Minister may make grants of the sums provided for in the agreement,
on such conditions as the Minister considers appropriate, out of the
money appropriated by the Legislature to any conservation authority or
municipality for the purpose of assisting it in the acquisition of land
that is suitable for forestry purposes and that is to be managed under
an agreement. 1998, c. 18, Sched. I, s. 20.
Forestry purposes only
(3) A conservation authority or municipality that has entered into an
agreement under subsection (1) or a predecessor provision shall not,
without the approval of the Minister, use any land in respect of which
grants have been made under subsection (2) or a predecessor provision
for any purpose that is inconsistent with forestry purposes at any time
during or after the term of the agreement. 1998, c. 18, Sched. I,
s. 20.
Repayment
(4) A conservation authority or municipality that uses land covered by an
agreement authorized under subsection (1) or a predecessor provision
for a purpose that is inconsistent with forestry purposes shall repay
to the Province of Ontario all grants that it received under the
agreement to acquire the land unless the Minister provides that the
grants need not be repaid. 1998, c. 18, Sched. I, s. 20.
Sale of land
(5) Land in respect of which grants have been made under subsection (2) or
a predecessor provision shall not, without the approval of the
Minister, be sold, leased or otherwise disposed of during or after the
term of the agreement. 1998, c. 18, Sched. I, s. 20.
Proceeds shared
(6) The proceeds from any sale, lease or other disposition of land in
respect of which grants have been made under subsection (2) or a
predecessor provision shall be divided as the Minister directs between
the conservation authority or municipality, as the case may be, and the
Province of Ontario, with the conservation authority or municipality
receiving not less than 50 per cent of the proceeds. 2000, c. 26,
Sched. L, s. 4 (2).
Exception
(7) Subsection (6) does not apply to a sale, lease or other disposition for
the use of the Province of Ontario. 1998, c. 18, Sched. I, s. 20.
Registration of agreements
3. The Minister may direct that an agreement entered into under section 2 shall
be registered by the owner of the land in respect of which the agreement is
made in the proper land registry office, and thereupon such agreement is
binding upon and inures to the benefit of every successor-in-title to such
owner during the term of the agreement. R.S.O. 1990, c. F.26, s. 3.
Woodlands improvement agreements
4. An Agreement made under the Woodlands Improvement Act shall be deemed to be
an agreement made under section 2. 1998, c. 18, Sched. I, s. 21.
Establishing forestry programs
5. (1) The Minister may establish programs to encourage forestry that is
consistent with good forestry practices. 2000, c. 26, Sched. L,
s. 4 (3).
Conditions
(2) A program may determine the conditions under which services are
provided by the Ministry and expenses are allowed or grants are
payable. 1998, c. 18, Sched. I, s. 21.
Fees
(3) A program may require that fees be paid by persons engaged in forestry
to which the program applies and may fix the amount of the fees. 1998,
c. 18, Sched. I, s. 21.
Money
(4) The money required for a program shall be paid out of the money
appropriated for the program by the Legislature. 1998, c. 18, Sched. I,
s. 21.
False statements
(5) No person shall knowingly make any false statements of fact to the
Ministry in respect of any program for forestry purposes established by
the Ministry. 1998, c. 18, Sched. I, s. 21.
Nursery stock
6. No person shall, directly or indirectly, sell or offer for sale or dispose
of by gift or otherwise any nursery stock furnished by the Ministry under
this Act. 1998, c. 18, Sched. I, s. 21.
Control measures
7. If, in the opinion of the Minister, the control of an infestation on any
land is in the public interest, the Minister may direct an officer to enter
upon the land and, at the expense of the Crown, take such measures to
prevent, retard, suppress, eradicate or destroy the infestation as the
officer considers advisable. 1998, c. 18, Sched. I, s. 21.
Powers of entry
8. An officer, with or without the consent of the owner, may enter upon any
land between sunrise and sunset to inspect the land and its trees and forest
products for infestation and to survey and examine the timber and other
natural resources on the land in order to determine the suitability of the
land for forestry purposes. 1998, c. 18, Sched. I, s. 21.
Obstruction of officers
9. No person shall obstruct an officer in the performance of his or her duty.
1998, c. 18, Sched. I, s. 21.
Boundary trees
10. (1) An owner of land may, with the consent of the owner of adjoining land,
plant trees on the boundary between the two lands.
Trees common property
(2) Every tree whose trunk is growing on the boundary between adjoining
lands is the common property of the owners of the adjoining lands.
Offence
(3) Every person who injures or destroys a tree growing on the boundary
between adjoining lands without the consent of the land owners is guilty
of an offence under this Act. 1998, c. 18, Sched. I, s. 21.
Tree conservation
11. (1) The council of any county or of any municipality separated from the
county for municipal purposes may pass by-laws consistent with good
forestry practices,
(a) restricting and regulating the destruction of trees by cutting,
burning or other means in woodlands of the size specified in the
by-law;
(a.1) requiring persons who are engaged in forest operations on land
subject to the by-law to meet the same minimum qualifications that
are established by the Forest Operations and Silviculture Manual
under clause 68 (7) (c) of the Crown Forest Sustainability Act,
1994, with such modifications as may be approved by the Minister;
(b) providing for the appointment of officers to enforce any by-law
passed under this section; and
(c) providing for a process to authorize minor exceptions from the
by-law in respect of such trees as, in its opinion, is desirable for
the appropriate development or use of the land on which the trees
are situate, if the general intent and purpose of the by-law is
maintained. 1998, c. 18, Sched. I, s. 21; 2000, c. 26, Sched. L,
s. 4 (4).
Officers
(2) An officer appointed under a by-law passed under subsection (1) or a
predecessor provision, and any person acting under the officer's
instructions, may at all reasonable times enter upon the land of any
person to,
(a) enforce the by-law;
(b) determine compliance with an order made under subsection 19 (2); or
(c) examine trees that might fall within a minor exception authorized
under a by-law referred in clause (1) (c). 1998, c. 18, Sched. I,
s. 21.
By-law may be limited
(3) A by-law passed under subsection (1) may be limited territorially. 1998,
c. 18, Sched. I, s. 21.
What by-law does not do
(4) A by-law passed under subsection (1) or a predecessor provision shall
not be construed to,
(a) interfere with the right of a person who has been the registered
owner of land for at least two years to cut trees on the land for
the person's own use;
(b) interfere with any rights or powers conferred upon a municipality by
the Municipal Act;
(c) interfere with any rights or powers of any agency, board or
commission that is performing its functions for or on behalf of the
Crown;
(c.1) interfere with any rights or powers of a transmitter or distributor
as defined in the Electricity Act, 1998;
(d) apply to trees growing on any highway or on any opened road
allowance;
(e) apply to trees destroyed in order to erect a building, structure or
thing in respect of which a building permit is issued;
(f) apply to trees planted for the production of Christmas trees;
(g) apply to trees 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;
(h) apply to trees cut by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or any person in his
or her employ while making a survey;
(i) apply to trees destroyed in order to lawfully establish and operate
or enlarge any pit or quarry on land that has not been designated
under the Aggregate Resources Act or a predecessor of that Act; or
(j) apply to trees that are cut in accordance with good forestry
practice. 1998, c. 15, Sched. E, s. 13 (2); 1998, c. 18, Sched. I,
s. 21.
Interpretation
(5) The expression "own use" in clause (4) (a) does not include a sale,
exchange or other disposition of the trees that are cut. 1998, c. 18,
Sched. I, s. 21.
Application for minor exceptions
(6) Despite the repeal of the Trees Act, section 9 of the Trees Act
continues to apply in respect of by-laws passed before the coming into
force of this section. 1998, c. 18, Sched. I, s. 21.
County by-laws for acquiring lands for forestry purposes
12. The council of any county may pass by-laws,
(a) for acquiring by purchase, lease or otherwise land for forestry
purposes;
(b) for declaring land that is owned by the municipality to be required by
the municipality for forestry purposes;
(c) for planting and protecting trees on any land acquired for or declared
to be required for forestry purposes;
(d) for the management of any land acquired for or declared to be required
for forestry purposes and the sale or other disposition of the trees
thereon;
(e) for the issuing of debentures, without the assent of the electors, from
time to time for the purpose of providing for the purchase of land for
forestry purposes to an amount not exceeding $25,000 to be owing at any
one time;
(f) for entering into agreements for the management of any land acquired for
or declared to be required for forestry purposes;
(g) for leasing, selling or otherwise disposing of any land acquired for or
declared to be required for forestry purposes. 1998, c. 18, Sched. I,
s. 21.
Evidence in prosecutions
13. In any prosecution under this Act,
(a) a copy of an instrument certified under section 17 of the Registry Act
or a certificate of search issued under section 117 of the Land Titles
Act is admissible in evidence as proof, in the absence of evidence to
the contrary, of the matters therein contained; and
(b) a certificate of the Minister or Deputy Minister of Natural Resources in
respect of the right, title and interest of the Crown in any trees on
any land is admissible in evidence as proof, in the absence of evidence
to the contrary, of the matters therein contained. 1998, c. 18,
Sched. I, s. 21.
Payment in lieu of taxes
14. The council of a county may agree to pay annually to the council of a
municipality in which the county owns land acquired or declared to be
required for forestry purposes a sum not exceeding the amount that would
have been payable to the municipality as taxes if the land were not exempt
from taxation. 1998, c. 18, Sched. I, s. 21.
Powers of certain local municipalities
15. (1) The council of any municipality with a population of not less than
10,000, has all the powers, privileges and authority conferred on the
council of a county by section 12.
Acquisition of land in another municipality
(2) Land may be acquired under subsection (1) in another municipality with
the consent of the council of that municipality.
Payments
(3) If a municipality acquires land in another municipality under this
section, the council of the first-mentioned municipality may agree to
pay annually to the municipality in which the land is situate a sum not
exceeding the amount that would have been payable to the municipality as
taxes if the land were not exempt from taxation. 1998, c. 18, Sched. I,
s. 21.
Powers of township councils
16. (1) The council of any township having a population of less than 10,000 has
all the powers, privileges and authority conferred by clauses 12 (a),
(b), (c), (d), (f) and (g) on the council of a county.
Same
(2) The council of any township may levy, by special rate, a sum not
exceeding $1,000 in any year for the purpose of providing for the
purchase of land for forestry purposes. 1998, c. 18, Sched. I, s. 21.
Agreements as to reforestation areas
17. (1) The council of any township may enter into agreements with the owners of
land located in the township providing for,
(a) the reforestation of portions of the land;
(b) the entry and planting of trees upon such portions by the employees
or agents of the council; and
(c) the fencing of the portions and conservation of all growing trees
thereon by the owner.
Acreage
(2) No agreement shall provide for the reforestation of less than five acres
of land for every 100 acres belonging to the same owner.
Cutting
(3) Every agreement shall prescribe the conditions under which the cutting
of timber upon the portions may be carried out and the conditions are
subject to the approval of the Minister.
Exemption from taxation
(4) The council of the township may exempt any portion from general taxation
as long as it continues to be used for the purposes set out in the
agreement.
Agreements with Ministers of Labour
(5) The council of the township may enter into agreements with the Minister
of Labour for Canada and the Minister of Labour for Ontario regulating
the conditions of labour and the payment of wages in respect of labour
performed in connection with the planting and conservation of trees in
the portions. 1998, c. 18, Sched. I, s. 21.
Regulations
18. (1) The Lieutenant Governor in Council may make regulations designating
forest tree pests for the purposes of this Act.
Regulation may be limited
(2) Any regulation made under subsection (1) may be limited territorially or
as to time. 1998, c. 18, Sched. I, s. 21.
Offence
19. (1) Every person who,
(a) contravenes a provision of this Act;
(b) alone or through any other person, contravenes any provision of a
by-law passed under this Act, or a predecessor of this Act;
(c) obstructs or interferes with an officer appointed under a by-law
passed under this Act, or a predecessor of this Act, or any person
acting under the officer's instructions, in the discharge of his or
her duties; or
(d) fails, without just cause, to comply with an order made under
subsection (2),
is guilty of an offence and on conviction is liable to a fine of not
more than $20,000 or to imprisonment for a term of not more than three
months, or to both.
Replanting
(2) If a person is convicted of an offence under clause (1) (b), the court
shall consider all evidence given in respect of the necessity of
replanting the area on which trees have been destroyed and may order the
owner of the area to,
(a) replant the trees, in the manner and within the time that the court
considers appropriate; and
(b) adequately maintain the replanted trees in the manner the court
considers proper.
Where inconsistent penalties
(3) The penalty set out in subsection (1) applies despite any lower penalty
set out in a by-law. 1998, c. 18, Sched. I, s. 21.
Approval of by-law by Minister
20. A by-law passed under section 11, 12, 15 or 16 is not valid unless the
Minister has approved the by-law in writing, before or after the by-law was
passed. 2000, c. 26, Sched. L, s. 4 (5).
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