City of Hamilton Takes an Unyielding Stand on Clear Cutting

HAMILTON, ON - The City of Hamilton is sending a clear message to developers who clear cut trees and break the law. The City will seek damages, and will follow, to the letter of the law, to make sure developers are accountable for their illegal actions.

In Provincial court on August 22, His Worship D'Ignazio fined James McNiven $6,000 per count, on 56 counts, of cutting down trees without a permit. The fines amount to $336,000. A victim fine surcharge of 25% will also be added, which is another $84,000. The total payable fine is $420,000. In addition to the fines, His Worship granted McNiven, the owner of the land and a real estate agent, two years to pay the fines and two years’ probation.

“I am pleased that we have taken a strong stand against indiscriminate and illegal tree removal. The tree canopy is a critical part of Ancaster’s character. Many of the trees that were cut down were more than 75 years old. The dozens and dozens of trees on this 25-acre lot are irreplaceable. This has got to stop and we are sending a clear message to any rouge developers that we will take severe action for anyone who removes trees without appropriate approval,”

Councillor Lloyd Ferguson, Ward 12

McNiven was charged under City of Hamilton By-Law 2000-118 that prohibits heritage trees larger than 45-cm (18-inches) in diameter from being cut without a permit. The mature trees resided in the woodlot at McNiven and Golf Links Roads, near Hamilton Golf and Country Club in Ancaster.

There is also in place the City of Hamilton Woodland Conservation By-Law 14-212 to promote the conservation and sustainable use of woodlands on private property within the urban boundary of the City of Hamilton. This by-law applies to trees in a woodland equal to or greater than 0.2 hectares located within the urban boundary of the city, as defined in the Official Plans for the city. The by-law emphasizes the need to protect and preserve sensitive natural areas. Additionally, the Director of Municipal Law Enforcement can request the owner to submit a Forest Management Prescription, indicating specifics of the woodland from a registered professional forester. Both by-laws set out serious penalties for those who cut down trees within urban woodlots without a permit.

Developers need to prepare land in order to deliver real estate developments, but this must be done in a legal and environmentally responsible manner. Clear cutting healthy trees is irresponsible and unacceptable and I am delighted that the courts have upheld our by-laws.

Mayor Fred Eisenberger

By-law 14-212, the City’s Woodland Conservation By-law has provisions for special fines, which upon conviction may exceed $100,000. This was designed to eliminate or reduce any economic advantage or gain from contravening this by-law. A person can be fined up to $10,000 or $1,000 per injured/destroyed tree, whichever is greater, on a first offence and to a fine of not more than $25,000 or a fine of $2500 per injured/destroyed tree, whichever is greater on subsequent convictions. For corporations, the fine limits are increased to a maximum of $100,000 for repeat offenders, in addition to special fines or any other remedy.