Ontario Shade Tree Legislation 



93 



Powers of Council to pass By-laws. 



I'lulcr the Tree Planting Act (sec- 

 tion 8) the council ol' any munici- 

 pality may pass by-laws 



(1) To regulate the planting of 

 trees on highways 



(2) To prevent the planting of 

 any tuulesirable species 



• (3) To provide for the removal 

 of trees planted t)n highways con- 

 trary to by-law. 



Inspectors of Trees. 



An inspector of trees, appointed 

 under the Ontario Tree Planting Act 

 (section 4), must, if required, report 

 annually to the council on the num- 

 ber of trees planted, by whom plant- 

 ed, the amount of bonus due, and 

 certain other particulars. (Ontario 

 Tree Planting Act, s. 4.) 



Insect Pests. 



Councils in cities may pass by- 

 laws to require owners of trees to 

 destroy tussock moths, and, if the 

 owners refuse or neglect to do so 

 may, after giving ten days' notice, 

 have the work done by officers ap- 

 pointed by them (the councils) at 

 the expense of. the owners. (Muni- 

 eipal Amendment Act. 1906, s. 24.*) 



Police Villages. 



The Tree Planting Act may be 

 brought into effect in police villages 

 by thirty or more electors petition- 

 ing the township council. (An Act to 

 Amend the Ontario Tree-planting 

 Act.^ passed 1899.) Inspectors of 

 trees may also be appointed, and 

 expenses (bonuses, inspector's pay, 

 etc.) granted. 



Linemen Damaging Trees. 



A ouestion of niufli importance 

 and concern to many owners of fine 

 shade and street trees is how they 

 may prevent telephone and telegraph 



« 6 Edw. VII, chap. 34, s. 24. The new 

 provision becomes 8. 574a of the Municipal 

 Act. 



T 62 Vic, (1899), chap. SO. The new 

 provision becomes s. 3a of the Ontario Tree 

 Planting Act. 



linemen from butchering their trees 

 on the pretext of 'pruning' them, 

 under orders from the companies 

 employing them. On this point the 

 same authority as quoted in the pre- 

 ceding editorial notes has this to 

 say: 



'I think it is quite clear that the 

 owner would have the right to pre- 

 vent a telephone company from 

 stringing its wires in a tree planted 

 by him in the street because under 

 section 2 of the Ontario Tree Plant- 

 ing Act such a tree is deemed to be 

 his property. 



' I would refer you also to sub-sec- 

 tion 547 of the Municipal Act (3 

 Edw. VII, cap. 19), which gives 

 power to municipalities to pass by- 

 laws to prevent the injuring or des- 

 troying of trees or shrubs planted or 

 preserved for shade or ornament. 



*It is also an offence under section 

 510 b of the Criminal Code to des- 

 troy or damage a tree growing in 

 a park, pleasure-ground or garden, 

 or in any land adjacent to or be- 

 longing to a dwelling-house, injur- 

 ing it to an extent exceeding $o. 

 See also section 533 of the Criminal 

 Code, imposing a penalty for damage 

 to a tree amounting to twenty-tive 

 cents. 



'It was expressly enacted by 4 

 Edw. VII, c. 10. s. 74, that a tele- 

 graph or telephone company should 

 not acquire any easement by pres- 

 cription or otherwise as to wires or 

 cables atttached to private property, 

 or passing through or carried over 

 such property, except by a grant 

 from the owner of the property, so 

 that no matter how long telephone 

 wires have been attached to a tree, 

 the municipality or the owner, if 

 he has property in the tree, could 

 compel the removal of the wire.* 



'Our timber limits will probably attract 

 no attention in Germany unless considered 

 in connection with a pulp and paper in- 

 dustry. The European has decided opin- 

 ions upon our system of fire ranging;, as 

 it relates particularly to timber limits.' 

 — Fred. W. Field, in paper on 'German 

 Capital' in Monetary Times. 



