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Ulf T. Runesson

Faculty of Natural
Resources Management,
Lakehead University

955 Oliver Road,
Thunder Bay, Ontario,
Canada P7B 5E1

Phone:
     (807) 343-8784

Fax:
     (807) 346-7769

E-Mail:
     ulf.runesson@lakeheadu.ca
 





                                  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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Last Modified: January 20, 2014 15:01:06. 
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