WHEREAS in February 2023, the City of Ottawa received numerous complaints from the public regarding the cutting and removal of trees on lands in the area known as Tewin, and which are specifically described as PT LT 16 CON 7 OF GLOUCESTER; PT LT 17 CON 7 OF GLOUCESTER; PT LT 18 CON 7 OF GLOUCESTER; PT LT 19 CON 7 OF GLOUCESTER; PT LT 20 CON 7 OF GLOUCESTER AS IN NS185933, SECONDLY THROUGH TENTHLY, EXCEPT 5R8269, 5R9957, 5R10092; GLOUCESTER (the “subject lands”); and
WHEREAS the subject lands are owned by the Algonquins of Ontario Realty Corp. (the “AOO”) which has partnered with Taggart Group of Companies (“Taggart”) in relation to the subject lands; and
WHEREAS the AOO publicly stated in the Ottawa Citizen on March 20, 2023, that the tree cutting/removal that had taken place on the subject lands was in part to clean up from the 2022 Derecho storm event and to return the land to viable farming activity in furtherance of agricultural sustainability: and
WHEREAS Taggart in its communication to the public and to the City of Ottawa dated March 3, 2023, stated that the tree cutting/removal was in relation to the storm clean up and to facilitate the farming operation on the subject lands; and
WHEREAS the Tree Protection By-law 2020-340 (the “By-law”) was enacted by City Council to protect trees in the City of Ottawa, including trees on private property greater than 1 hectare and identified on Schedules “G” to “O” of the By-law; and
WHEREAS the subject lands are greater than one hectare in size and fall within the lands depicted in Schedule “M” of the By-law; and
WHEREAS Subsection 82(7) of the By-law provides that a tree permit is not required for the destruction of a tree or trees where the destruction is due to a normal farm practice carried out as part of an agricultural operation by a farming business; and
WHEREAS the Province has established the Normal Farm Practices Protection Board (the “Board”) under the Farming and Food Production Protection Act, 1998 (the “Act”), to assist in the determination of what constitutes a normal farm practice under the Act, and the interplay of such practices with municipal by-laws; and
WHEREAS a determination by the Board may assist the City and the public in assessing what constitutes a normal farm practice in relation to municipal tree protection by-laws generally, and may assist in providing clarity, specifically, as to whether the recent activities on the subject lands constitute a normal farm practice under the Act and/or under the By-law; and
WHEREAS staff has been directed to investigate and report back on potential changes to Exemption 82(7) of the By-law to require landowners to obtain a formal exemption with evidence provided and communicate with neighbours, the ward city councillor, and city staff prior to tree removals including where a permit is not required by the by-law (e.g. where the activity is exempt from the provisions of the By-law);
THEREFORE BE IT RESOLVED that staff’s investigation include consultation with the Board and the Province on additional requirements that can be placed around an exemption for normal farm practices while ensuring the intention of the Act is met, as well as decision-making support for determining when a tree removal activity is considered a normal farm practice, and an assessment of exemptions for normal farm practices and related implementation processes in other tree by-laws in Ontario; and
BE IT FURTHER RESOLVED that the General Manager of Planning, Real Estate and Economic Development Department report to the Environment and Climate Change Committee and the Agriculture and Rural Affairs Committee in Q3 2023 as to the outcome of staff’s investigation and any associated recommended amendments to the Tree Protection By-law, 2020-340.
Carried with Councillor S. Desroches dissenting on the first Resolution clause.