79-38
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COUNTY OF ELGIN
By-Law No. 79-38
"BEING A BY-LAW TO RESTRICT AND REGULATE THE DESTRUCTION OF
TREES BY CUTTING. BURNING, OR OTHER lVIEANS."
WHEREAS it has become expedient for the general
welfare of the County of Elgin to maintain and improve the
forest, soil, game and fish resources of the County by pre-
serving and improving the woodlands of the County; and
WHEREAS, under Section 4 of The Trees Act, the
Council of a County is empowered to pass by-laws
(a) restricting and regulating the destruction of
trees by cutting, burning, or other means; and
(b) providing for the appointment of officers to
enforce the provisions of any by-law passed
ùnder this section;
THEREFORE the Council of the Corporation of the
County of Elgin enacts as follows:
1. (1) Except as hereinafter provided, no living tree
of the species listed below that shall not have attained to
the measurements specified below shall be destroyed by cutting,
burning, or other means:
145 cm. (57") in Circumference
Maple - hard, red, silver, black
Oak
Walnut - white (butternut), black
Ash
Tulip (Whitewood)
Basswood
Pine - white
Cherry - black
112 cm. (44") in Circumference
Hemlock
Pine - red
Birch - yellow
Hickory - shagbark, bitternut,
pignut, mockernut
Poplar - cottonwood
Sycamore
Chestnut
Hackberry
Cucumber - tree
Kentucky Coffee Tree
Black Gum
Beech - American
64 cm. - (25") in Circumference
Birch - white
Larch - Eastern (tamarack), European
Cedar - white
Locust - black, honey
Poplar - balsam, trembling aspen,
large-toothed.
(2) Measurements referred to in subsection (1) above
shall be outside the bark and taken at a point at the base of
the tree 91 cm. (36") above the highest point of the ground.
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This by-law shall not,
(a) interfere with the right of a person who has
been the registered owner of land for at
least two years to cut trees thereon for his
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;
(d) apply to trees growing upon any highway or
upon any opened road allowance;
(e) apply to trees growing in a woodlot that is
.20 hectares (one-half an acre) or less in
area;
(f) apply to trees destroyed in order to erect
any building, structure or thing in respect
of which a building permit is issued;
(g) apply to trees planted for the production of
Christmas trees;
(h) apply to trees cut by an Ontario land surveyor
registered under The Surveyors Act or any
person in his employ while making a survey;
(1) 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 Pits
and Quarries Control Act, 1971;
( j ) 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 section 2 of The Pits and Quarries
Control Act, 1971; or
(k) apply to trees that are cut in accordance with
good forestry practice.
(1) Every person who,
(a) by himself or through any other person, con-
travenes any provision of this by-law;
(b) obstructs, hinders or interferes with an
officer appointed under this by-law or any
person acting under his instructions, in the
discharge of his duties; or
(c) fails or neglects, without just cause, to
carry out an order made against him under sub-
section 2,
is guilty of an offence and on summary conviction
is liable to a fine of not more than $5,000 or to
imprisonment for a term of not more than three
months, or to both.
(2) Where a person is convicted of an offence
under clause a of subsection 1, the judge shall
consider all evidence given in respect of the ne-
cessity of replanting the area on which trees have
been destroyed and may order the owner of the said
area to replant or have replanted thereon such
trees in such manner and within such period of
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4. That officers to enforce the provisions of this
by-law may be appointed by by-law of the council and an
officer so appointed shall,
(a) not be a member of the Council for the County
of Elgin;
(b) hold office at the pleasure of the said
Council; and
(c) be paid an hourly rate and also a rate per
mile travelled, both to be determined from
time to time by County Council, for his duties
in enforcing the provisions of this by-law.
5. That By-Law Nos. 2208 and 2564 be and the same are
hereby repealed.
6. That this By-Law shall not become effective until
approved by the Minister of Natural Resources.
READ a first time this 21st day of November 1979.
READ a second time this 21st day of November 1979.
READ a third time and finally passed this 21st day of November, 1979.
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- "7
G C. Leverton,
Clerk.
Dear Sir
Attached is one copy of County of Elgin by-law
No. 79-38 with the approval of the Minister of
Natural Resources appended.
Yours truly
W.K. Fullerton
Director
Forest Resources Branch
Te1ephone:96S-2787
~AHc/mb
. Attach.
cc Regional Forester London Ontario
December 10 1979
Mr. G.C. Leverton
Clerk-Treasurer
The Corporation of the County of Elgin
9 Gladstone Avenue
St. Thomas Ontario NSR 2L3
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Ontario
Ministry of
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Toronto, Ontario M7A lW3
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COUNTY OF ELGIN
By-Law No. 79-38
"BEING A BY-LAW TO RESTRICT AND REGULATE THE DESTRUCTION OF
TREES BY CUTTING, BURNING, OR OTHER MEANS."
WHEREAS it has become expedient for the general
welfare of the County of Elgin to maintain and improve the
forest, soil, game and fish resources of the County by pre-
serving and improving the woodlands of the County; and
\1HEREAS, under Section 4 of The Trees Act, the
Council of a County is empowered to pass by-laws
(a) restricting and regulating the destruction of
trees by cutting, burning, or other means; and
(b) providing for the appointment of officers to
enforce the provisions of any by-la,r passed
under this ,section;
THEREFORE the Council of the Corporation of the
County of Elgin enacts as follows:
I. (I) Except as hereinafter provided, no living tree
of the species listed below that shall not have attained to
the measurements specified beloH shall be destroyed by culting,
burning, or other means:
145 cm. (57") in Circumference
Maple - hard, red, silver, black
Oak
Walnut - ¡.¡hite (butternut). black
Ash
Tulip (vlliitewood)
Basswood
Pine - white
Cherry - black
112 cm. (44") in Circumference
Hemloc,k
Pine - red
Birch - yellow
Hickory - shagbark, bitternut,
pignut, mockernut
Poplar - cottonwood
Sycamore
Chestnut
Hackberry
Cucumber - tree
Kentucky Coffee Tree
Black Gum
Beech - American
.2!.sl!L'!-( 25" ) in Circumference
Birch - white
Larch - Eastern (tamarack), European
Cedar - ;,hite
Locust - black, honey
Poplar - balsam, trembling aspen,
large-toothed.
(2) Measurements referred to in subsection (1) a};;>ove
shall be outside the bark and taken at a point ,û.t the base Qf
the tree 91 em. 36") above the highest point 6'£, the grq:tH\q,.
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2.
2
This by-law shall not,
(a) interfere with the right of a person who has
been the registered owner of land for at
least two years to cut trees thereon for his
own use;
(b) interfere with any rights or pow'ers 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;
(d) apply to trees growing upon any highway or
upon any opened road allowance;
(e) apply to trees growing in a woodlot that is
.20 hectares (one-half an acre) or less in
area;
(f) apply to trees destroyed in ordêr to erect
any building, structure or thing in respect
of which a building permit is issued;
(g) apply to trees planted for the production of
Christmas trees;
(h) apply to trees cut by an Ontario land surveyar
registered under The Surveyors Act or any
person in his employ while making a survey;
(i) 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 Pits
and Quarries Control Act, 1971;
(j) 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 section 2 of The Pits and Quarries
Control Act, 1971; or
(k) apply to trees that are cut in accordance with
good forestry practice.
(1) Every person who,
(a) by himself or through any other person, con-
travenes any provision of this by-law;
(b) obstructs, hinders or interferes with an
officer appointed under this by-law or any
person acting under his instructions, in the
discharge of his duties; or
(c) fails or neglects, without just cause, to
carry out an order made against him under sub-
section 2,
is guilty of an offence and on summary conviction
is liable to a fine of not more than $5,000 or to
imprisoruuent for a term of not more than three
months, or to both.
(2) Where a person is convicted of an offence
under clause a of subsection 1, the judge shall
consider all evidence given in respect of the ne-
cessity of replanting the area on which trees have
been destroyed and may order the owner of the said
area to replant or have replanted thereon such
ix-ees in such manner and within such neYÍocJ of
THE
C. Leverton,
Clerk.
I, G, C, LEVERTON, CLERK OF THE CORPORA-
TION OF THE COUNTY OF ELGIN, DO HEREBY
CERTIFY THAT THE FOREGOING is A TRUE
COpy OF ,0,17 j,f'W,II!P.., 7~, ,3~, , ", PASSED BY
THE COUNCiL OF THE SAID CORPORATION ON
au,t, J)J.Q\I~
DAY OF
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J. Glover,
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READ
a third time and finally passed
this 21st
day of November,
1979.
READ a second time this
READ a first time this 21st day of
6. That this By-Law shall not become effective until
approved by the Minister of Natural Resources.
2lst day of November 1979.
November 1979
.
5. That By-Law Nos
hereby repealed.
.
be paid an hourly rate and also , a rate per
mile travelled, both to be determined from
time to time by County Council, for his duties
in enforcing the provisions of this by-law.
2208
and
2564 be and the same
are
(
c
)
hold office at the pleasure of the said
Council; and
(b
)
not be a member of the Council for the County
of Elgin;
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(a)
4. That officers to enforce the provisions of this
by-law may be appointed by by-law of the council and an
officer so appointed shall,
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APPROVAL
Section 4 , The Trees Act
Pursuant to The Trees Act, I hereby approve
By-Law No. 79~38 of The Corporation of the County of
Elgin entitled "BEING A BY-LAW TO RESTRICT AND REGULATE
,
THE DESTRUCTION OF TREES BY CUTTING, BURNING, OR OT!ŒR
MEANS" , passed on the 21st day of ,November, 1979.
DATED at Toronto this '4~day ofl).........I"b , 1979
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The onourable "James A. C. Auld
Min er of Natural ResoUrces
for e Province of Ontario