I, s. 21. C, s. 12 (1); 2009, c. 33, Sched. This will help avoid additional regulatory burden and economic strain on the forestry sector while a long-term approach is finalized. 1998, c. 18, Sched. 1998, c. 18, Sched. In Ontario, however, the Ontario Court of Appeal has recently clarified that an obscure statutory provision, found in the Ontario Forestry Act, means that a “boundary tree” (a tree whose trunk straddles a property line) is jointly owned by both property owners. Ontario is 107.6 million hectares (ha) in size. 2002, c. 17, Sched. Ontario Forestry Act (Section 10.2.) 1998, c. 18, Sched. In the end, the Court held that there is no conflict between the Forestry Act (which deals with boundary trees) and Chapter 813-16 of the Toronto Municipal Code (which deals with the granting of tree removal by the City of Toronto Urban Forestry Department). C, s. 12 (2). (7) Subsection (6) does not apply to a sale, lease or other disposition for the use of the Province of Ontario. 8 (1) An officer employed in the administration of this Act or a peace officer as defined in the Criminal Code may seize any article by means of or in relation to which the officer believes on reasonable grounds an offence under this Act has been committed. Purpose:Provide for the protection of animal health in Ontario. 22, s. 4 (1). Councils of counties and townships in southern Ontario were empowered to enact tree-cutting bylaws through the Trees Conservation Act (1946), the Trees Ac t (1950), and the Forestry Act (1998). (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. (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. C, s. 12 (4). (a) 1,000 trees, of any size, per hectare. 1998, c. 18, Sched. 22, s. 4. It has succeeded the Crown Timber Act (CTA) under which forest … Forestry Act. 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. Ontario has proposed extending an exemption to the Endangered Species Act for the forestry sector, a move that environmental groups say is another step towards decimating species at … The Ontario Professional Foresters Association (OPFA) regulates the practice of professional forestry amongst its members and licences individuals to practice professional forestry in the Province of Ontario. I, s. 21. 1998, c. 18, Sched. It is a robust system for managing Crown forests founded on an adaptive management approach to plan, implement, monitor and re-plan … Ontario has proposed extending an exemption to the Endangered Species Act for the forestry sector, a move that environmental groups say is … 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. 2 In this Act, Minister means the Minister of Natural Resources. 7 Every person who contravenes any regulation made under section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both. 2002, c. 17, Sched. The purpose of the Act was to encourage the planting and growing of trees. 1998, c. 18, Sched. I, s. 20. No amending legislation available on CanLII. 1998, c. 18, Sched. 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. (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Ontario has proposed extending an exemption to the Endangered Species Act for the forestry sector, a move that environmental groups say is another step towards decimating species at risk. I, s. 20. 2002, c. 17, Sched. C, s. 12 (3). Bill 197 is bad news for the environment On July 8, the Ontario government tabled Bill 197 (COVID-19 Economic Recovery Act, 2019). In addition, municipalities with a population greater than 10,000 could forbid the … Archived Documents for the Fire Protection and Prevention Act, 1997 (a) the cutting, removal and disposal of timber, the establishment and use of reservoirs, water power sites, power transmission lines and communication lines and any other use of those lands, and the granting of leases and permits therefor; (b) the protection of the flora and fauna; (c) the prevention and extinguishing of fires; (d) the regulation and prohibition of traffic, the carrying on of businesses and other activities and the abatement and prevention of nuisances; (e) the removal and exclusion of trespassers and of persons failing to comply with the regulations; and. I, s. 21. 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. 11 (1) The council of a municipality may pass by-laws. (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. A list of the current Sustainable Forest Licences (SFLs) granted by the Minister of Natural Resources and Forestry. 12 (1) The council of any municipality may enter into agreements with the owners of land located in the municipality providing for. 2000, c. 26, Sched. 1990, Chapter F.26. I, s. 20. (4) The council of the municipality may exempt any portion from general taxation as long as it continues to be used for the purposes set out in the agreement. (2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner. GENERAL. I, s. 21. (c) the fencing of the portions and conservation of all growing trees thereon by the owner. Ontario has proposed extending an exemption to the Endangered Species Act for the forestry sector, a move that environmental groups say is another step toward decimating species at risk. and may withdraw lands from or add lands to a Forest Experimental Area. I, s. 21. (5) The Minister may, in carrying out the Minister’s duties and functions under this Act, consult with and inaugurate conferences of provincial or municipal authorities, universities, representatives of industry or other interested persons. They protect our forests and ensure that sustainable forest management practices are followed across the country. Contact: Forest Evaluation and Standards Section, Forests Branch – Policy Division AUTHORITY The Crown Forest Sustainability Act 1994 (CFSA) governs all forest operations on Crown land in Ontario. Fire Protection and Prevention Act, 1997 . I, s. 20. 1998, c. 18, Sched. 4 An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2. The Ministry of Natural Resources and Forestry (MNRF) is a government ministry of the Canadian province of Ontario that is responsible for Ontario's provincial parks, forests, fisheries, wildlife, mineral aggregates and the Crown lands and waters that make up 87 per cent of the province. As a result of the COVID-19 outbreak, Ontario is proposing to extend the temporary approach for forest operations conducted in Crown forests under the Endangered Species Act for an additional year. Last amendment: 416/17. 5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. 2002, c. 17, Sched. 1 This Act may be cited as the Forestry Act. R.S.O. I, s. 21. Marginal note:Consultation and conferences. 5 Subject to any regulations made under section 6, the Minister may, on lands comprised in any Forest Experimental Area or in respect of which the Minister has assumed responsibility under paragraph 3(1)(e), do such acts and construct such works as the Minister considers necessary for forestry research and forest protection and management, including the disposal of timber and grass and the granting of rights to the natural produce of the forest. (b) adequately maintain the replanted trees in the manner the court considers proper. (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 or any person acting under the officer’s instructions, in the discharge of his or her duties; or. The tree is therefore “common property.” The important issue: it is the “trunk” which must extend across the property line. (3) Where a person is convicted of an offence under this Act, the convicting court, judge or provincial court judge may, in addition to any other punishment that may be imposed, order that any article by means of or in relation to which the offence was committed be forfeited, whereupon the article is forfeited to Her Majesty and may be disposed of in such manner and at such time and place as the Minister may direct, but no article shall be disposed of pending an appeal against the conviction or before the time within which the appeal may be taken has expired. According to the Ministry of Natural Resources and Forestry (MNRF): Land Use. 18 Repealed:  2009, c. 33, Sched. 9 No person shall obstruct an officer in the performance of his or her duty. I, s. 21. OPFA is mandated to carry out its activities under legislation called the Professional Foresters Act, 2000. (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. (3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law. Ontario’s New Approach to Forest Management – Back to the Bad Old Days It is really unbelievable that people had the right ideas more that 130 years ago and today we have leaders that still don’t get it. (5) Despite the repeal of the Trees Act, section 9 of that Act, as it read immediately before its repeal, continues to apply in respect of by-laws passed under that Act before December 18, 1998. C, s. 12 (3). (2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality. 1998, c. 18, Sched. The harmonization of these … 3 (1) In exercising the powers and performing the duties and functions assigned to the Minister by the Department of Natural Resources Act, the Minister. 2002, c. 17, Sched. I, s. 21. With the exemption expiring on July 1, 2018, the the Ontario Ministry of Natural Resources and Forestry (MNRF) is hurriedly working towards a policy solution it hopes will fulfill the requirements of the Endangered Species Act and the Crown Forest Sustainability Act, while maintaining the regulatory efficiency that forestry developers have enjoyed over the last five years. 22, s. 4. In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. The Ontario government extended a temporary law that allows the forestry industry to be exempt from adhering to endangered species protections Monday. The bill uses the premise of economic recovery to tear up environmental protections and prevent Ontarians from having a … I, s. 21. Under the Act, failure to acquire the consent of a co-owner can lead to a fine of $20,000+ … Our staff can't provide legal advice, interpret the law or conduct research. COVID-19: Get the latest updates , take a self-assessment or learn about the COVID Alert exposure-notification app . 1998, c. 18, Sched. 1 This Act may be cited as the Forestry Act. I, s. 21. The California Department of Forestry and Fire Protection (CAL FIRE) enforces the laws that regulate logging on privately-owned lands in California. L, s. 4 (2). The Forestry Act indicates that it is a prosecutable offense for one co-owner to injure or cut down a boundary tree without the other co-owner’s permission. I, s. 20. Consolidation Period: From December 15, 2009 to the e-Laws currency date. (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. (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. (“terrain boisé”)  1998, c. 18, Sched. By-laws for acquiring lands for forestry purposes. If you live in Ontario and have a tree on your property and its trunk extends across your property-line, then according to the Ontario Forestry Act you have a boundary tree. The Act provides an enabling legislative framework based on the concepts of prevention, detection, response, control and recovery from animal health hazards, such as animal diseases. 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