General protection of trees

607.   (1) The Council may, by by-law applicable to all or part of the city, do one or more of the following:

(a) prohibit the cutting and removal of trees;

(b) regulate the cutting and removal of trees;

(c) prohibit the damaging of trees;

(d) regulate activities that may damage trees;

(e) require the replacement, in accordance with the by-law, of trees that have been cut, removed or damaged in contravention of a by-law under this subsection or a permit referred to in section 608 (1);

(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 608 (1) and of significant trees identified under section 609;

(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement trees under paragraph (e) and their maintenance under paragraph (f);

(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the city;

(i) establish exemptions from the application of a by-law under this subsection.

(2) A by-law under this section may be different in relation to one or more of the following:

(a) different areas of the city;

(b) different species of trees;

(c) different classes of trees;

(d) different sizes of trees;

(e) different significant trees identified under section 609.

(3) Interest on security under subsection (1) (g) becomes part of the security.

(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.

2003-52-516.

Regulation of tree cutting and removal

608.   (1) Without limiting the generality of section 607 (1) (b), a by-law under that section may do one or more of the following:

(a) require permits to cut or remove trees;

(b) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;

(c) require applicants for these permits to provide plans identifying

(i) the trees proposed to be cut or removed,

(ii) the trees proposed to be retained, and

(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed;

(d) establish circumstances in which a permit under this section may be cancelled.

(2) A fee for a permit under subsection (1) must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 607 (1) (h) or 612 (1).

2003-52-516.

Significant trees

609.   (1) The Council may, by by-law, identify trees that the Council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.

(2) The Council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.

2003-52-516.

Hazardous trees and shrubs

610.   (1) The Council may, by by-law, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the Council considers that it is

(a) a hazard to the safety of persons,

(b) likely to damage public property, or

(c) seriously inconveniencing the public.

(2) A by-law under section 607 (1) (a) or (b) does not apply to a tree that is subject to a by-law under this section.

2003-52-516.

Removal or replacement of trees at owner's expense

611.   (1) The Council may take action under this section if a person does not comply

(a) with a requirement of a by-law under section 607 (1) (e) or a permit referred to in section 608 (1) to provide replacement trees, or

(b) with a requirement of a by-law under section 610 to trim, remove or cut down trees, hedges, bushes or shrubs.

(2) In the circumstances described in subsection (1), the Council may serve the person with notice that the city will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,

(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or

(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.

(3) The court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.

(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the city, by its employees or others, may enter onto the real property and effect that action at the expense of the person given notice.

2003-52-516.

Assessment and inspection of trees

612.   (1) In addition to the authority under section 607 (1) (h), the Council may direct that an assessment or inspection of specified trees or sites be undertaken by the city for the purposes of this Part.

(2) The city, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 607 (1) (h) or required as a condition of a permit referred to in section 608 (1).

2003-52-516.

Limits on powers under this division

613.   (1) If a by-law under section 607 would have the effect on a parcel of land of

(a) preventing all uses permitted under the applicable zoning by-law, or

(b) preventing the development to the density permitted under the applicable zoning by-law,

the by-law does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.

(2) As an exception to subsection (1), a by-law that has an effect referred to in that subsection applies without limit to a parcel if the Council, by resolution, commits the city to

(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or

(b) provide, by development permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.

(3) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set

(a) by agreement between the owner and the city, or

(b) if no agreement is reached, by the court in accordance with the Expropriation Act.

(4) For the purposes of subsection (2) (b), the Council may issue a development permit on its own initiative without an application from the owner.

(5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a by-law under this Part or the issuance or refusal of a permit under this Part.

(6) A by-law or permit under this Part does not apply to land and the trees on it if the land is land to which section 21 of the Private Managed Forest Land Act applies.

2003-52-516; 2003-80-62; 2004-61-37.

Reconsideration of delegate's decision

614.   If the Council delegates powers, duties or functions under this Part, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the Council reconsider the matter.

2003-52-516.