ontario forestry act

1998, c. 18, Sched. I, s. 21; 2002, c. 17, Sched. 2002, c. 17, Sched. 22, s. 4. C, s. 12 (3). but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. (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. I, s. 20. (4) The Minister may make regulations prescribing the amount under clause (1) (e). (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. (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. Bill 197 is bad news for the environment On July 8, the Ontario government tabled Bill 197 (COVID-19 Economic Recovery Act, 2019). (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. Canada’s forest laws are among the strictest in the world. (d) fails, without just cause, to comply with an order made under subsection (2). It authorizes officials to address activities that may affect ani… C, s. 12 (4). 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 tree is therefore “common property.” The important issue: it is the “trunk” which must extend across the property line. 1 - Short Title; 2 - Interpretation; 3 - PART I - Development and Research; 4 - PART II - Forest Experimental Areas; Regulations made under this Act… C, s. 12 (1); 2009, c. 33, Sched. 2002, c. 17, Sched. Ontario REGULATION 167/95. COVID-19: Get the latest updates , take a self-assessment or learn about the COVID Alert exposure-notification app . 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. 2 In this Act, Minister means the Minister of Natural Resources. The forestry industry, which has pushed for a permanent exemption, says logging operations already must meet rigorous sustainability standards and exempting them from endangered species law … C, s. 12 (4). A list of the current Sustainable Forest Licences (SFLs) granted by the Minister of Natural Resources and Forestry. I, s. 21. I, s. 21. (a) shall provide for the conduct of research relating to the protection, management and utilization of the forest resources of Canada and the better utilization of forest products and may establish and maintain laboratories and other necessary facilities for those purposes; (b) may undertake, promote or recommend measures for the encouragement of public cooperation in the protection and wise use of the forest resources of Canada; (c) may enter into agreements with the government of any province or with any person for forest protection and management or forest utilization, for the conduct of research related thereto or for forestry publicity or education; (d) may provide for the making of forestry surveys and provide advice relating to the protection and management of forests on lands administered by any department or agency of the Government of Canada or belonging to Her Majesty in right of Canada; and. Consolidation Period: From January 1, 2018 to the e-Laws currency date. Purpose:Provide for the protection of animal health in Ontario. It is a robust system for managing Crown forests founded on an adaptive management approach to plan, implement, monitor and re-plan … 1998, c. 18, Sched. 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. I, s. 21. 1998, c. 18, Sched. 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. Consolidation Period: From December 15, 2009 to the e-Laws currency date. On July 1, 2020, Ontario exempted forestry activities from the requirements of the Environmental Assessment Act (“EAA”) [see: O. Reg. (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. 1998, c. 18, Sched. Over the years, Ontario's municipalities have had the authority to regulate the harvest of trees on private lands through various statutes. 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. R.S.C., 1985, c. F-30. Short Title. OPFA is mandated to carry out its activities under legislation called the Professional Foresters Act, 2000. (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. 2002, c. 17, Sched. I, s. 21. The government says it is “ending duplication” by removing logging activities from the Environmental Assessment Act, which falls under the Ministry of … C, s. 12 (3). Definitions. 2002, c. 17, Sched. I, s. 20; 2000, c. 26, 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. Forestry Act. 1998, c. 18, Sched. (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. 18 Repealed:  2009, c. 33, Sched. I, s. 21. R.S.O. 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. (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. 1 (1) In this Act, 1998, c. 18, Sched. C, s. 12 (6). 2002, c. 17, Sched. 1998, c. 18, Sched. The forestry sector, meanwhile, said forcing the industry to follow the act would be a bureaucratic nightmare and “impossible.” Last week, the province proposed extending the […] Fire Protection and Prevention Act, 1997 on eLaws. The CFSA forest management framework seeks to minimize adverse effects on ecological, economic and social values and conserve biodiversity, this includes minimizing adverse effects on species at risk. 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. L, s. 4 (1); 2002, c. 17, Sched. (d) 250 trees, measuring over 20 centimetres in diameter, per hectare. 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. (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. 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. 1998, c. 18, Sched. You may be able to obtain assistance from a lawyer or paralegal. C, s. 12 (3). Ontario has proposed extending an exemption to the Endangered Species Act for the forestry sector, a move that environmental groups say is … 9 No person shall obstruct an officer in the performance of his or her duty. (c) the fencing of the portions and conservation of all growing trees thereon by the owner. This will help avoid additional regulatory burden and economic strain on the forestry sector while a long-term approach is finalized. (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. (“terrain boisé”)  1998, c. 18, Sched. An Act respecting forestry development and research. (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. L, s. 4 (2). 2002, c. 17, Sched. 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. (3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out. (2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality. (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. It has succeeded the Crown Timber Act (CTA) under which forest … Our staff can't provide legal advice, interpret the law or conduct research. 1 This Act may be cited as the Forestry Act. 12 (1) The council of any municipality may enter into agreements with the owners of land located in the municipality providing for. The California Department of Forestry and Fire Protection (CAL FIRE) enforces the laws that regulate logging on privately-owned lands in California. (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. This statute is current to 2019-12-08 according to the, 1. between Jan 1, 2003 and Dec 14, 2009 (past). I, s. 21. 1990, Chapter F.26. C, s. 12 (3). (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. 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. Define Ontario Forest Act. 2000, c. 26, Sched. Marginal note:Consultation and conferences. In addition, municipalities with a population greater than 10,000 could forbid the … 2002, c. 17, Sched. (b) adequately maintain the replanted trees in the manner the court considers proper. C, s. 12 (4). Neighbours’ conduct relating to boundary trees has been legislated since 1896 when the Ontario Tree Planting Act was enacted. 1998, c. 18, Sched. 5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. The purpose of the Act was to encourage the planting and growing of trees. Marginal note:Studies, investigations and aid. 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. 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. (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. Crown Forest Sustainability Act, 1994. 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. (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. 1 This Act may be cited as the Forestry Act. 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. 22, s. 4 (2). (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. (2) The Minister may conduct economic studies relating to the forest resources, forest industries and marketing of forest products, make investigations designed to aid the forest industries and woodlot owners of Canada and assist external aid programs relating to forestry. 1998, c. 18, Sched. I, s. 20. Archived Documents for the Fire Protection and Prevention Act, 1997 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). Forestry Act. 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. I, s. 21. 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). Forestry Act. and may withdraw lands from or add lands to a Forest Experimental Area. 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. 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. “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”). … Define Ontario Forest Act municipality providing for out its activities under legislation called the Professional Act... 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