In my previous newsletter the question asked was
Municipal Tree Cutting By-laws in Ontario – Are they enforceable on Private Land ?
Municipalities in Ontario are going to say, Yes, they are.
Private Landowners are going to say, No, they are not.
Who has the authority? Who owns the land and the trees growing on the land?
One would think that a tree planted on private land, the landowner would own the tree. Well yes, they own the tree, but do they have control of the tree. In some municipalities yes you do. In some municipalities no, you don’t.
Why are their inconsistencies of law in the province? Why would there be inconsistency in the application of the of the law in the province?
The arguments we are bringing forward is the ownership and control of trees on private land. Specifically with trees on farmland and how farmers Harvest trees as part of farm income and use of the trees.
Why would a municipality have control to determine whether trees on a farm can be Harvested and if so, why the farmer will require permits to do so. How many trees will be removed from the environment when highway 413 is built? Who issues the permit to the province by each municipality where the highway will travel through it?
Of course there will be no permit issued. The province simply buys the land from property owners and pushes the highway through. Well wait a minute. If the province now owns the land and the land is in a municipality where they have a tree cutting by-law would the province not require a permit? The previous property owner would require one. Let’s go back to the Municipal Act for some answers.
Conflict between by-law and statutes, etc.
14 (1) A by-law is without effect to the extent of any conflict with,
(a) a provincial or federal Act or a regulation made under such an Act; or
(b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation. 2001, c. 25, s. 14.
Same
(2) Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument. 2006, c. 32, Sched. A, s. 10.
The province appears to have the authority to build a highway and ignore municipal by-laws because they are the province. Let’s go to section 14 of the municipal act. If there were provincial or federal acts that protect farmers who Harvest trees on their land, then the tree cutting by-law would have no authority.
Section 14 (b) “an instrument of a legislative nature”, will also protect against tree cutting by-laws. The Crown Land Patent Grant is an instrument of the Crown. Perhaps the CLPG would protect the farmer from tree cutting by-laws.
If you have not obtained your CLPG then you need to obtain yours. Below is the link for the application. Make sure you obtain the Certified copy.
This is where we get into the argument that farmers Harvest trees and do not destroy trees. Harvesting trees can provide farmers with an additional source of income. Timber, firewood, furniture, veneer, tools, sawdust, BBQ Smokers, pulp and paper to name just a few products that trees are used for.
The tree is being Harvested to be transformed into another product for sale and used by the public. The tree is not simply “destroyed”.
This definition is specifically defined by the municipalities to control Private Land and Trees. If you do anything to a tree without a permit you are guilty. Regardless of your intent and ownership.
This is expropriation without compensation by regulatory taking. I like to refer to it as theft because we are the government and we will “destroy” your life (just like a tree) if you do not do what we want you to do. If you complain about how we are taking your Private Land and Property well here is what you can do. Take us to court or vote us out at the next election.
Well, the next municipal election is October 2026. It is time to remove the councillors who take that which does not belong to them by nasty by-laws.
If you are interested in running for council in October 2026 contact your local OLA Chapter. We will assist you in getting elected.
Jeff Bogaerts
President – OLA