ontario forestry act

Purpose:Provide for the protection of animal health in Ontario. I, s. 20. (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. I, s. 21. With the exemption expiring on July 1, 2018, the the Ontario Ministry of Natural Resources and Forestry (MNRF) is hurriedly working towards a policy solution it hopes will fulfill the requirements of the Endangered Species Act and the Crown Forest Sustainability Act, while maintaining the regulatory efficiency that forestry developers have enjoyed over the last five years. 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. C, s. 12 (4). (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. 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. 22, s. 4. (2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner. 2002, c. 17, Sched. I, s. 21; 2002, c. 17, Sched. I, s. 20. means the Crown Forest Sustainability Act, 1994 (Ontario), in effect on the date hereof and all amendments and supplements thereto and all regulations or rules made pursuant thereto and all policy statements, guidelines, orders and decisions relating thereto; I, s. 20. No amending legislation available on CanLII. GENERAL. 2002, c. 17, Sched. The California Department of Forestry and Fire Protection (CAL FIRE) enforces the laws that regulate logging on privately-owned lands in California. 22, s. 4 (2). and may withdraw lands from or add lands to a Forest Experimental Area. 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. Definitions. This is the English version of a bilingual regulation. Bill 197 is bad news for the environment On July 8, the Ontario government tabled Bill 197 (COVID-19 Economic Recovery Act, 2019). The government says it is “ending duplication” by removing logging activities from the Environmental Assessment Act, which falls under the Ministry of … A list of the current Sustainable Forest Licences (SFLs) granted by the Minister of Natural Resources and Forestry. I, s. 21. L, s. 4 (2). 9 No person shall obstruct an officer in the performance of his or her duty. 20 Repealed:  2002, c. 17, Sched. (c) the fencing of the portions and conservation of all growing trees thereon by the owner. (3) The Minister has, in relation to silviculture, the same powers, duties and functions as the Minister has under this Act in relation to the protection and management of the forest resources of Canada. C, s. 12 (4). C, s. 12 (3). 1998, c. 18, 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. Our staff can't provide legal advice, interpret the law or conduct research. (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. 1998, c. 18, Sched. (a) 1,000 trees, of any size, 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. 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 … (4) The Minister may make regulations prescribing the amount under clause (1) (e). 4 An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2. The Ontario government extended a temporary law that allows the forestry industry to be exempt from adhering to endangered species protections Monday. In Ontario, however, the Ontario Court of Appeal has recently clarified that an obscure statutory provision, found in the Ontario Forestry Act, means that a “boundary tree” (a tree whose trunk straddles a property line) is jointly owned by both property owners. 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. 2002, c. 17, Sched. Define Ontario Forest Act. 1 (1) In this Act, Ontario REGULATION 167/95. Marginal note:Studies, investigations and aid. 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 … “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”). 22, s. 4 (1). (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. C, s. 12 (6). C, s. 12 (3). C, s. 12 (3). I, s. 20; 2000, c. 26, Sched. 5 The Minister may establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. C, s. 12 (4). 1990, Chapter F.26. I, s. 21. [3] It therefore cannot be injured or destroyed without the consent of both owners. Ontario’s New Approach to Forest Management – Back to the Bad Old Days It is really unbelievable that people had the right ideas more that 130 years ago and today we have leaders that still don’t get it. C, s. 12 (4). In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. The tree is therefore “common property.” The important issue: it is the “trunk” which must extend across the property line. 2002, c. 17, Sched. (“terrain boisé”)  1998, c. 18, Sched. Fire Protection and Prevention Act, 1997 . I, s. 21. (b) 750 trees, measuring over five centimetres in diameter, per hectare, (c) 500 trees, measuring over 12 centimetres in diameter, per hectare, or. 22, s. 4. Under the Act, failure to acquire the consent of a co-owner can lead to a fine of $20,000+ … 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. (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. 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). 1998, c. 18, Sched. 2002, c. 17, Sched. I, s. 21. (7) Subsection (6) does not apply to a sale, lease or other disposition for the use of the Province of Ontario. It has succeeded the Crown Timber Act (CTA) under which forest … Consolidation Period: From December 15, 2009 to the e-Laws currency date. 12 (1) The council of any municipality may enter into agreements with the owners of land located in the municipality providing for. 1998, c. 18, Sched. The Act provides for the establishment of forest management units as a mechanism for allocation and disposal of timber, and specifies the method of disposal of Crown timber through forest management agreements, quota certificates, and timber permits. 2000, c. 26, Sched. French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. 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 (3). Last amendment: 416/17. According to the Ministry of Natural Resources and Forestry (MNRF): Land Use. The purpose of the Act was to encourage the planting and growing of trees. 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. 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. 2 In this Act, Minister means the Minister of Natural Resources. In addition, municipalities with a population greater than 10,000 could forbid the … 1998, c. 18, Sched. (b) adequately maintain the replanted trees in the manner the court considers proper. Consolidation Period: From January 1, 2018 to the e-Laws currency date. By-laws for acquiring lands for forestry purposes. 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 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. Period: from December 15, 2009 to the e-Laws currency date include a cultivated fruit or nut or. Opfa is mandated to carry out its activities under legislation called the Professional Foresters Act, Minister means Minister... 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