The Forestry Act
Revised Statutes of Ontario, 1990, Chapter F.26

AMENDED BY: 1998, C. 15, SCHED. E, S. 13; 1998, C. 18, SCHED. I, SS. 20, 21.

1.(1) Definitions

1. 1.(1) In this Act, "county" includes a district municipality and a regional municipality;
"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 and that is designated as a forest tree pest in the regulations;
"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;
"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;
"improvement" does not include a treatment designed solely to produce immediate revenue;
"infestation" means an actual or potential infestation or infection by a forest tree pest;
"Minister" means the Minister of Natural Resources;
"Ministry" means the Ministry of Natural Resources;
"municipality" means a municipality as defined in the Municipal Act and a district municipality and a regional municipality;
"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;
"officer" means a person appointed by the Minister for the purposes of this Act;
"owner" means a person having any right, title, interest or equity in land;
"regulations" means the regulations made under this Act;
"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.

1.(2)Same

1.(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.

2.(1) Agreements re forestry development

2. 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.(2)Grants

2.(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.

2.(3)Forestry purposes only

2.(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.(4)Repayment

2.(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.

2.(5)Sale of land

2.(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.

2.(6)Proceeds shared

2.(6) The proceeds from any sale, lease or other disposition of the land shall be shared equally with the conservation authority or municipality, as the case may be, and the Province of Ontario.

2.(7)Exception

2.(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.

3. 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.

4. 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.

5.(1) Establishing forestry programs

5. 5.(1) The Minister may establish programs to encourage forestry.

5.(2)Conditions

5.(2) A program may determine the conditions under which services are provided by the Ministry and expenses are allowed or grants are payable.

5.(3)Fees

5.(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.

5.(4)Money

5.(4) The money required for a program shall be paid out of the money appropriated for the program by the Legislature.

5.(5)False statements

5.(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.

6. 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.

7. 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.

8. 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.

9. 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.

10.(1) Boundary trees

10. 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.

10.(2)Trees common property

10.(2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.

10.(3)Offence

10.(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.

11.(1) Tree conservation

11. 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;
(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.

11.(2)Officers

11.(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).

11.(3)By-law may be limited

11.(3) A by-law passed under subsection (1) may be limited territorially.

11.(4)What by-law does not do

11.(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 Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, subsection 13 (2) by striking out "of Ontario Hydro or" and by adding the following clause:

(c.1)interfere with any rights or powers of a transmitter or distributor as defined in the Electricity Act, 1998;
See: 1998, c. 15, Sched. E, ss. 13 (2), 52.
(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.

11.(5)Interpretation

11.(5) The expression "own use" in clause (4) (a) does not include a sale, exchange or other disposition of the trees that are cut.

11.(6)Application for minor exceptions

11.(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.

12. 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.

13. 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.

14. 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.

15.(1) Powers of certain local municipalities

15. 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.

15.(2)Acquisition of land in another municipality

15.(2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality.

15.(3)Payments

15.(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.

16.(1) Powers of township councils

16. 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.

16.(2)Same

16.(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.

17.(1) Agreements as to reforestation areas

17. 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.

17.(2)Acreage

17.(2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner.

17.(3)Cutting

17.(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.

17.(4)Exemption from taxation

17.(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.

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