"All tree felling, vegetation clearing, or building removal should occur from mid-September to January to minimize the risk of destroying active raptor nests. If clearing or demolition must occur outside this timing window, a thorough nest search should be conducted."(2005. Best Management Practices for Raptor Conservation during Urban and Rural Land Development in British Columbia)

A comprehensive document, which identifies bird species most at risk for all upper tier municipalities in southern Ontario and for the Niagara Escarpment is found at:
www.bsceoc.org/conservation/conservmain.html. An abbreviated version which focuses on Halton Region can be found at: LISTS OF PRIORITY BIRD SPECIES: A CONSERVATION TOOL FOR MUNICIPAL PLANNING (http://www.escarpment.org/leading_edge/LE99/le99_s2/Couturier.pdf )

MUNICIPAL ACT s. 135 – 141 and 461 http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/01m25_e.htm

PART III
SPECIFIC MUNICIPAL POWERS

Natural Environment

Tree by-laws

      135.  (1)  Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.  2006, c. 32, Sched. A, s. 71 (1).

Woodlands

      (2)  Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law.  2006, c. 32, Sched. A, s. 71 (1).

Definition

      (3)  In this section,

“woodlands” means woodlands as defined in the Forestry Act that are one hectare or more in area.  2001, c. 25, s. 135 (3).

Restriction

      (4)  If an upper-tier municipality by-law in respect of woodlands is in effect in a lower-tier municipality, the lower-tier municipality may not prohibit or regulate the destruction of trees in any woodlands designated in the upper-tier by-law and any lower-tier by-law, whether passed before or after the upper-tier by-law comes into force, is inoperative to the extent that it applies to trees in the designated woodlands.  2001, c. 25, s. 135 (4).

Factor to be considered

      (5)  In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act.  2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1).

Notice

      (6)  An upper-tier municipality shall immediately notify its lower-tier municipalities of the passing of a by-law under subsection (2).  2001, c. 25, s. 135 (6).

Conditions

      (7)  Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section,

         (a)    require that a permit be obtained to injure or destroy trees; and

         (b)    impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees.  2001, c. 25, s. 135 (7); 2006, c. 32, Sched. A, s. 71 (2).

Delegation to lower-tier municipality

      (8)  An upper-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees in woodlands to one or more of its lower-tier municipalities with the agreement of the lower-tier municipality or municipalities, as the case may be.  2001, c. 25, s. 135 (8).

Effect of delegation

      (9)  Subsection (4) does not apply to that part of a lower-tier by-law authorized by the delegation of power from the upper-tier municipality.  2001, c. 25, s. 135 (9).

Delegation to upper-tier municipality

      (10)  A lower-tier municipality may delegate all or part of its power to pass a by-law respecting the destruction or injuring of trees to its upper-tier municipality with the agreement of the upper-tier municipality.  2001, c. 25, s. 135 (10).

      (11)  Repealed:  2006, c. 32, Sched. A, s. 71 (3).

Exemption from by-law

      (12)  A by-law passed under this section does not apply to,

         (a)    activities or matters undertaken by a municipality or a local board of a municipality;

         (b)    activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994;

         (c)    the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey;

         (d)    the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;

         (e)    the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation;

          (f)    the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;

         (g)    the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or

         (h)    the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

                        (i)    that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

                       (ii)    on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act.  2001, c. 25, s. 135 (12); 2002, c. 17, Sched. A, s. 27 (3, 4).

      136.-138.  Repealed:  2006, c. 32, Sched. A, s. 72.

Agreement re: enforcement by upper-tier

      139.  An upper-tier municipality may enter into an agreement with any of its lower-tier municipalities for the upper-tier municipality to designate one or more of its officers to enforce by-laws passed by the lower-tier municipality under section 135.  2001, c. 25, s. 139; 2006, c. 32, Sched. A, s. 73.

Agreement re: enforcement by lower-tier

      140.  A lower-tier municipality may enter into an agreement with its upper-tier municipality for the lower-tier municipality to designate one or more of its officers to enforce by-laws passed by the upper-tier municipality under section 135.  2001, c. 25, s. 140; 2006, c. 32, Sched. A, s. 74.

Planting trees adjacent to highways

      141.  Without limiting sections 9, 10 and 11, a municipality may provide trees to the owners of land adjacent to any highway and may plant the trees on the owners’ land with their consent.  2001, c. 25, s. 141; 2006, c. 32, Sched. A, s. 75.

PART XVII
TRANSITION

Conflict re: tree by-laws

      461.  (1)  If, on January 1, 2003, there is a conflict between an upper-tier by-law and a lower-tier by-law relating to the regulation or prohibition of the destruction or injuring of trees, the by-law that is the most restrictive of the destruction or injuring of trees prevails.  2001, c. 25, s. 461.

Interpretation

Purposes

   1.1 The purposes of this Act are,

  (a)  to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act;...

PART I
PROVINCIAL ADMINISTRATION

Provincial interest

   2.  The Minister, the council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as,

  (a)  the protection of ecological systems, including natural areas, features and functions;

  (c)  the conservation and management of natural resources and the mineral resource base;

  (d)  the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

  (e)  the supply, efficient use and conservation of energy and water;...

  (h)  the orderly development of safe and healthy communities;...

  (o)  the protection of public health and safety;

...

PART III
OFFICIAL PLANS

16.  (1)  An official plan,

  (a)  shall contain goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and...

      (1)  An official plan shall contain,

         (a)    goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and...

   16.1 The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act.  1994, c. 23, s. 9.

PART V
LAND USE CONTROLS AND RELATED ADMINISTRATION

Zoning by-laws

      34.  (1)  Zoning by-laws may be passed by the councils of local municipalities:

Restricting use of land

           1.    For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway.

...

Natural features and areas

  3.2  For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas,

                          i.    that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest,

                         ii.    that is a significant corridor or shoreline of a lake, river or stream, or

                       iii.    that is a significant natural corridor, feature or area.

Site plan control area

      41.  (1)  In this section,

“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 168 (5) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act.  R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1).

Establishment of site plan control area

      (2)  Where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area.  R.S.O. 1990, c. P.13, s. 41 (2).

Designation of site plan control area

      (3)  A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34.  R.S.O. 1990, c. P.13, s. 41 (3).

Approval of plans or drawings

      (4)  No person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following:  2.    Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing less than twenty-five dwelling units, which drawings are sufficient to display, ...

(e)    the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) are in effect in the municipality; and...

Conditions to approval of plans

      (7)  As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to,

         (a)    provide to the satisfaction of and at no expense to the municipality any or all of the following: ...

                         6.    Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands.

      42.  (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1).

         (h)  conservation of natural resources and flood control

Conservation easements and covenants

(2) An owner of land may grant an easement to or enter into a covenant with a conservation body,
         (a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land; or
         (b) for access to the land for these purposes. 1994, c. 27, s. 128 (2).

...

(5) The easement or covenant may be registered against the land affected in the proper land registry office and, once registered, it runs with the land against which it is registered. 1994, c. 27, s. 128 (2).

Assignment

(3) The easement or covenant may be assigned by a conservation body to another conservation body. 1994, c. 27, s. 128 (2).

Validity

(4) The easement or covenant is valid whether or not the conservation body or assignee owns appurtenant land or land capable of being accommodated or benefited by the easement or covenant and regardless of whether the easement or covenant is positive or negative in nature. 1994, c. 27, s. 128 (2).

Registration

(5) The easement or covenant may be registered against the land affected in the proper land registry office and, once registered, it runs with the land against which it is registered. 1994, c. 27, s. 128 (2).

Effect of deemed assignment

(8) The Minister may register notice of the deemed assignment against the land affected in the proper land registry office and may assign the easements and covenants, or any of them, or hold them as if he or she were a conservation body. 1994, c. 27, s. 128 (2)

Objects of Trust
7.  The objects of the Trust are,
     (b) to receive, acquire and hold property in trust for the people of Ontario;
     (c) to support, encourage and facilitate the conservation, protection and preservation of the heritage of Ontario;
     (d) to preserve, maintain, reconstruct, restore and manage property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest;
      (e) to conduct research, educational and communications programs necessary for heritage conservation, protection and preservation. R.S.O. 1990, c. O.18, s. 7; 2005, c. 6, ss. 1, 5.

Further powers of Trust
10.  (1)  The Trust, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario, and with the approval of the Minister, may,
     (a) receive and acquire by purchase, donation, lease for a term of more than five years, public subscription, grant, bequest or otherwise, property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest for the use, enjoyment and benefit of the people of Ontario;
     (b) enter into agreements, covenants and easements with owners of real property, or interests therein, for the conservation, protection and preservation of the heritage of Ontario;

Easements and covenants
22.  (1)  Any easement or covenant entered into by the Trust may be registered against the real property affected in the proper land registry office. R.S.O. 1990, c. O.18, s. 22 (1); 2005, c. 6, s. 1.

Idem
(2)  Where an easement or covenant is registered against real property under subsection (1), such easement or covenant shall run with the real property and the Trust may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owners of the real property and the Trust may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant. R.S.O. 1990, c. O.18, s. 22 (2); 2005, c. 6, s. 1.

Part IV  conservation of property of cultural heritage value or interest
 

Register and Municipal Heritage Committee
Register
27.  (1)  The clerk of a municipality shall keep a register of property situated in the municipality that is of cultural heritage value or interest. 2005, c. 6, s. 15.
Contents of register
       (1.1)  The register kept by the clerk shall list all property situated in the municipality that has been designated by the municipality or by the Minister under this Part and shall contain, with respect to each property,
     (a) a legal description of the property;
     (b) the name and address of the owner; and
     (c) a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property. 2005, c. 6, s. 15.
 

Designation of Properties by Municipalities
Designation by municipal by-law
29.  (1)  The council of a municipality may, by by-law, designate a property within the municipality to be of cultural heritage value or interest if,
     (a) where criteria for determining whether property is of cultural heritage value or interest have been prescribed by regulation, the property meets the prescribed criteria; and
     (b) the designation is made in accordance with the process set out in this section. 2005, c. 6, s. 17 (1).
Alteration of property

33.  (1)  No owner of property designated under section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration. 2002, c. 18, Sched. F, s. 2 (16); 2005, c. 6, s. 21 (1).

Easements
37.  (1)  Despite subsection 36 (1), after consultation with its municipal heritage committee, if one is established, the council of a municipality may pass by-laws providing for the entering into of easements or covenants with owners of real property or interests in real property, for the conservation of property of cultural heritage value or interest. 2002, c. 18, Sched. F, s. 2 (19)

.
Idem
(2)  Any easement or covenant entered into by a council of a municipality may be registered, against the real property affected, in the proper land registry office. R.S.O. 1990, c. O.18, s. 37 (2).

Idem
(3)  Where an easement or covenant is registered against real property under subsection (2), such easement or covenant shall run with the real property and the council of the municipality may enforce such easement or covenant, whether positive or negative in nature, against the owner or any subsequent owners of the real property, and the council of the municipality may enforce such easement or covenant even where it owns no other land which would be accommodated or benefited by such easement or covenant. R.S.O. 1990, c. O.18, s. 37 (3).
 

 The province and its agencies should establish clear and consistent rules and practices for recognizing the impact of conservation easements on property values and taxation.

Background: The Ministry of Finance sets the rules and the Municipal Property Assessment Corporation (MPAC), some municipal assessment authorities, the Assessment Review Board and other agencies implement these rules for the assessment of the value of lands for property tax purposes. The Ministry of Finance can also direct MPAC on policy issues. However, there is no law, policy nor procedure for having the impact of a conservation easement reflected in a landowner's property assessment.

The Assessment Act should direct property tax assessors to account for the impact of an easement on the value of the property being assessed. This is done under this Act for common law easements and covenants but does not acknowledge that conservation easements do not have associated nearby lands. Assessment offices are not consistent in their practice regarding conservation easements, nor is the Assessment Review Board, which may set an arbitrary percentage reduction. The absence of certainty on this point has prevented several important easements from being finalized and it continues to confuse, prolong and complicate easement negotiations. The need for such changes was lost in the magnitude of the 1997 changes to the Assessment Act, but a specific legal direction was part of British
Columbia "conservation covenant" reforms and is common in the law of many U.S. states. The province has the lead to resolve this issue.

http://www.ontariolandtrustalliance.org/cboardocs/govrelationsreport1105.pdf