Kim Statham, Director Urban Forestry – Tree Protection
Trees are a valuable asset to our city that provide a wide range of environmental, ecological, social, cultural and economic benefits. The City has committed to sustaining and expanding the urban forest as described in Sustaining and Expanding the Urban Forest: Toronto’s Strategic Forest Management Plan 2012-2022. The Plan provides the direction necessary to achieve a healthy, sustainable urban forest. One of the fundamental aspects of increasing tree canopy coverage across the city is protection of the existing resources.
The City of Toronto enforces a number of regulations and guidelines are in order to protect them. In addition to Tree Protection Policies implemented by the City of Toronto, Tree protection is accomplished through implementation of various tree and natural feature protection by-laws which provide opportunities to educate the public on the benefits of trees. The following tree by-laws are currently in effect within the City of Toronto:
Trees on City land of all sizes and species are protected by the following by-laws:
* City Street Tree By-Law, City of Toronto Municipal Code, Chapter 813, Article II
* Ravine and Natural Feature Protection Bylaw, City of Toronto Municipal Code, Chapter 658
* Parks By-Law, City of Toronto Municipal Code, Chapter 608
Trees on private property with diameter of 30cm or greater are protected by:
* Private Tree By-Law, City of Toronto Municipal Code, Chapter 813, Article III
These by-laws allow the City to issue permits for the injury or removal of a tree, require tree protection zones to be established on construction sites, require payment of the tree value and its removal, and require compensation planting. Urban Forestry defines a contravention as an unauthorized injury, destruction or removal of a tree regulated by the City’s tree by-laws. The overall objective of the Compliance and Enforcement Unit is to enforce tree by-laws and initiate appropriate actions when contraventions are committed.
Since implementation of the Compliance and Enforcement Unit in 2016, Urban Forestry staff have put in place procedural documents that align with the relevant tree by-laws in order to effectively and efficiently manage contraventions, imposing corrective actions and penalties wherever possible to protect trees and improve public awareness of the potential consequences associated with infractions.
Once City staff confirm that a contravention has occurred, they issue Orders to Comply, which describe the work needed to correct the contravention. The requirement to pay Contravention Inspection Fees is also identified at this time. For sites that warrant prosecution Urban Forestry may also pursue charges under Part 3 of the Provincial Offences Act for offences under Municipal Code Chapters 658 and 813. This action is primarily reserved for sites where the contravention is significant in nature, meets the criteria that provides a robust case (sufficient evidence), and where there is no work that could remedy the infraction (e.g. a severely damaged or completely removed City-owned tree). These charges may result in fines or settlements levied against offenders. Fines and settlements vary depending on the merits of the case however can range from a minimum fine of $500.00 and a maximum fine of $100,000.00 per tree. Fines are typically issued to all parties involved with a contravention with multiple summons issued based on the number of charges and offenders found.
Residents play a key role in protecting trees. By contacting 311 to report suspicious behaviour around regulated trees, a service request is automatically generated and an investigation is completed by Urban Forestry. When contacting 311, providing evidence such as information about the activity and subject tree(s), site information, photos and videos, licence plate number(s)/name(s) of company performing the work will all support Urban Forestry throughout the investigation process.
Shannon, I hope this information has been useful and I thank you for your interest, passion and strong support to protect Toronto’s tree canopy.
Thanks,
Kim