ontario forestry act

Neighbours’ conduct relating to boundary trees has been legislated since 1896 when the Ontario Tree Planting Act was enacted. C, s. 12 (3). (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. 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. 2002, c. 17, Sched. 22, s. 4. The Forest Practice Act was enacted in 1973 to ensure that logging is done in a manner that will preserve and protect our fish, wildlife, forests and streams. (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. I, s. 21. I, s. 21. (“terrain boisé”)  1998, c. 18, Sched. It has succeeded the Crown Timber Act (CTA) under which forest … 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. Definitions. This will help avoid additional regulatory burden and economic strain on the forestry sector while a long-term approach is finalized. 22, s. 4. A list of the current Sustainable Forest Licences (SFLs) granted by the Minister of Natural Resources and Forestry. Purpose:Provide for the protection of animal health in Ontario. (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 issuing debentures, without the assent of the electors, for the purpose of purchasing land for forestry purposes to an amount not exceeding the amount prescribed by the Minister 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. In addition, municipalities with a population greater than 10,000 could forbid the … (3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out. 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. but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. (b) 750 trees, measuring over five centimetres in diameter, per hectare, (c) 500 trees, measuring over 12 centimetres in diameter, per hectare, or. 1998, c. 18, Sched. They protect our forests and ensure that sustainable forest management practices are followed across the country. Marginal note:Consultation and conferences. I, s. 21. 2002, c. 17, Sched. (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). [3] It therefore cannot be injured or destroyed without the consent of both owners. I, s. 21. 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. 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. COVID-19: Get the latest updates , take a self-assessment or learn about the COVID Alert exposure-notification app . (b) lands provided therefor, pursuant to an agreement with the government of any province, by the government of the province or any person in the province. 1998, c. 18, Sched. (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. 1 This Act may be cited as the Forestry Act. 1998, c. 18, Sched. Forestry Act. GENERAL. C, s. 12 (3). 1998, c. 18, Sched. 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. 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. 1998, c. 18, Sched. 2002, c. 17, Sched. Canada’s forest laws are among the strictest in the world. Marginal note: Short title. (3) If a municipality acquires land or declares land to be required for forestry purposes 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. 1 This Act may be cited as the Forestry Act. Consolidation Period: From December 15, 2009 to the e-Laws currency date. R.S.C., 1985, c. F-30. 1998, c. 18, Sched. According to the Ministry of Natural Resources and Forestry (MNRF): Land Use. 14-17 Repealed:  2002, c. 17, Sched. The government says it is “ending duplication” by removing logging activities from the Environmental Assessment Act, which falls under the Ministry of … (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) the fencing of the portions and conservation of all growing trees thereon by the owner. 6 The Governor in Council may make regulations for the protection, care and management of lands comprised in Forest Experimental Areas and lands in respect of which the Minister has assumed responsibility under paragraph 3(1)(e), including regulations respecting. I, s. 21. 2002, c. 17, Sched. The bill uses the premise of economic recovery to tear up environmental protections and prevent Ontarians from having a … Archived Documents for the Fire Protection and Prevention Act, 1997 C, s. 12 (5). (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. 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. 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. 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 … I, s. 20. I, s. 21. You may be able to obtain assistance from a lawyer or paralegal. 1998, c. 18, Sched. (5) The council of the municipality 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. C, s. 12 (4). 5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. OPFA is mandated to carry out its activities under legislation called the Professional Foresters Act, 2000. (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. (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. 1998, c. 18, Sched. I, s. 20. 2002, c. 17, Sched. Crown Forest Sustainability Act, 1994. I, s. 20. C, s. 12 (1); 2009, c. 33, Sched. 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). It is a robust system for managing Crown forests founded on an adaptive management approach to plan, implement, monitor and re-plan … (3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law. (d) 250 trees, measuring over 20 centimetres in diameter, per hectare. (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. C, s. 12 (3). 18 Repealed:  2009, c. 33, Sched. (2) An article seized pursuant to subsection (1) may be detained for a period of one month following the day of seizure unless, during that period, proceedings under this Act in respect of the article are undertaken, in which case the article may be further detained until the proceedings are finally concluded. 22, s. 4 (2). (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. An Act respecting forestry development and research. R.S.O. “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”), “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”). 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