Ontario Shade Tree Legislation 



The legislation of the proviiu;o of 

 Ontario in rr^urd to thr planting of 

 street and sliade trees is. for the 

 most part, contained in 'The Onta- 

 rio Tree Planting Act',' and certain 

 clauses of 'The Consolidated Muni- 

 cipal Aot','^ and suhse(iiient amend- 

 ing aets. 



Planting. 



/'/»///////// /<// hnliriilHfils. — The On- 

 tario Tre*' Planting Aet (section 2, 

 sub-section 1) grants permission to 

 anyone who owns land adjacent to 

 a street to plant trees on that part 

 of the street contiguous to his land, 

 so long as the tree or trees do not 

 become a nuisance or obstruct the 

 use of the street . 



Tree may be planted along toll 

 roads under the same conditions as 

 along other highways, by the muni- 

 cipal council or by individuals. 

 (General Road Companies Act,' sec. 

 147.) 



Plant ill;/ hif Miinivipal Aiitlioiities. 

 — The miuiicipal council of a city, 

 town or village juay pass a by-law 

 authorizing thij board of park man- 

 agcTuent, park commissioner, or 

 other officer, or three park directors 

 lo plant trees on streets or in parks. 

 (Municipal Act, section 574, sub-sec* 

 tion 4). 



The council of any city, county, 

 township, town or village may ex- 

 pend money in planting or preserv- 

 ing street trees or grant m«)ney to 

 iiny person or asso«'iation for so 

 doing. ^Municipal Act, section 574, 

 sub-section 2c V 

 Property rights in trees so planted. 



Trees so planted on highways be- 

 come the propertv of the owner of 

 the property ad.iacent to the high- 

 way and nearest the tree so i)lanted. 

 Snch is the case also with any tree 



1 R. 8. O. 1897, chap. 243. 



2 3 Edw. VII (1903), chap. 19, 8. 574 and 

 575. 



3 R. S. ()., 1897, chap. 193, - 1(7 



left standing on the highway. (On- 

 tario Tree Planting Act, s. 2. sub 

 section 'A.) 



Bonuses for tree planting. 



The Ontario Tree Planting A. I 

 (section 5) j)rovideM that the council 

 of any municipality nmy pass a by- 

 law providing for the payment of 

 a bonus up to twenty-five cents per 

 tree for each tree (of certain species) 

 planted. This by-law must also 

 make provision for a tree inspector 

 lo be appointed to supervise planting 

 and for the protection of the trees 

 against injury or removal by any 

 one (even the owner) except by the 

 authority of a special resolution of 

 the council. 



No bonus is to be paid for trees 

 planted less than fifteen feet apart, 

 and the council is not to be liable 

 to pay a larger sum than would be 

 payable if the trees were planted 

 thirty feet apart. (Ontario Tree 

 Planting Act, sec. 4.) 



The Municipal Act (section .>74, 

 sub-.section 1) authorizes the coun- 

 cil of any citv town, village or town- 

 ship to |)ass a by-law giving a bonus 

 of Hut IiMM than twenty-five cents for 

 each tree nianted. 



[There will be noted here an ap- 

 parent contradiction in the legisla- 

 tion, the Tree Planting Act stipulat- 

 ing that the bonus shall be "ui) to" 

 i.e., not more than, twenty-five cents, 

 while the sections of the Municipal 

 Act (pioted t)lace the bonus to be 

 allowed at "not less than" twenty- 

 five cents. On writing to the At- 

 torney-General's department regard- 

 ing the apparent contradiction, the 

 editor received the following reply: 

 I would think that the effect of 

 the legislation of 1003' (i.e.. the Con- 

 solidated Municipal Act) 'would be 

 to override the provisions of R. S. 

 O. 1897. cap. 243'. (the Ontario Tree 

 Planting Act).] 



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