Laws & Policies
TO LAWS & POLICIES MENU
THE CROWN FOREST SUSTAINABILITY ACT
PUBLIC LANDS ACT
PROVINCIAL PARKS ACT
THE FISH AND WILDLIFE CONSERVATION ACT
ENDANGERED SPECIES ACT
The Forestry Act
Revised Statutes of Ontario, 1990, Chapter F.26
1998, C. 15, SCHED. E, S. 13; 1998, C. 18, SCHED. I, SS. 20, 21.
- 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
"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
"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
"owner" means a person having any right, title, interest or equity in
"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) 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) 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
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) 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
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) 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) 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) A program may determine the conditions under which services are
provided by the Ministry and expenses are allowed or grants are payable.
- 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) The money required for a program shall be paid out of the money
appropriated for the program by the Legislature.
- 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
- 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) 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
(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
(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
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
- (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
(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) 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
(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
(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,
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.
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) 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.
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) 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) 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) 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
Return to Top