Tree By-law Review Report

Notably, 98 per cent of respondents to the Tree By-law Review survey said trees are important to their quality of life, underscoring strong public support for urban forests, natural green space and tree protection. Trees are referenced in the following Toronto Municipal Code chapters, which are collectively referred to as the "Tree By-laws" throughout this report: - Toronto Municipal Code Chapter 813, Trees, provides for the protection of City-owned street trees of all diameters and trees on private property with a diameter of 30 centimetres or greater at breast height (1.4 metres). In this report Municipal Code Chapter 813, Trees, Article II - Street Trees and Article III - Private Tree Protection are referred to as the "Street Tree By-law" and "Private Tree By-law" respectively. - Toronto Municipal Code Chapter 658, Ravine and Natural Feature Protection, provides for the protection of all trees and natural features in designated ravine protected areas. Toronto Municipal Code Chapter 658, Ravine and Natural Feature Protection is referred to as the "Ravine By-law". This report recommends a comprehensive set of by-law amendments, operational updates, future studies and an incentive to strengthen protections for trees, improve compliance and enforcement, support climate resilience and housing objectives, promote equity, and enhance cost recovery and service delivery. This includes: - Introducing a Distinctive Tree Category to strengthen protections for Toronto's largest healthy trees through amendments to the Private Tree and Ravine By-laws, and establishing a complementary Distinctive Tree Maintenance Incentive Program - Pilot to support the care and long‑term retention of mature healthy private trees; - Improving the effectiveness of the City's Tree By-law compliance and enforcement through by-law amendments and operational updates, including enhanced public access to tree permit and contravention outcomes; introducing stump diameter as a secondary measurement tool for enforcement purposes under the Private Tree By-law; extending permit requirements to trees planted through enforcement actions and development approvals regardless of size under the Private Tree By-law; updating evidentiary guidelines used to support fine recommendations; revising tree replacement planting ratios for contraventions under the Street Tree By-law and the Private Tree By-law; and reviewing Contravention Inspection Fees to ensure alignment with cost recovery principles; - Introducing permit application fees under the Ravine By-law for regulated activities, including tree injury and destruction, to align with the City's User Fee Policy and existing tree protection permit practices, support sustainable service delivery and cost recovery, and maintain exemptions for voluntary stewardship projects, low‑income homeowners, and not‑for‑profit portions of eligible housing projects; - Implementing administrative amendments to the Tree By-laws and related Municipal Code chapters to modernize technical language, reflect current organizational roles, harmonize definitions, remove outdated references, clarify exemptions, and improve clarity, consistency, and enforceability across the City's tree protection framework; - Advancing work to refine operational practices informed by community and Indigenous engagement, including biodiversity and native species considerations, ongoing engagement with Indigenous communities, improvements to user experience and permit navigation, and education and outreach related to the Tree By-laws; and, - Undertaking further analysis to inform potential refinements to the Tree By-laws and their administration, including assessing whether the minimum diameter size threshold for Private Tree By-law protection should be reduced from 30 centimetres diameter at breast height (DBH) to 20 centimetres diameter at breast height; examining options to address non‑compliance following a contravention where required replacement planting does not occur, including a Tree Replacement Fee; evaluating the feasibility of additional enforcement tools such as set fines under the Provincial Offences Act and an Administrative Penalty System; and exploring opportunities to improve coordination between Municipal Code Chapter 813,Trees and Municipal Code Chapter 629, Property Standards as they relate to private tree maintenance. The proposed recommendations respond to direction received from Committee and City Council and reflect operational experience, public feedback, and best practices, and are intended to provide a balanced approach to strengthening the City's tree protection framework while advancing long-term city-building and urban forest goals. The recommendations recognize the need to ensure that any changes to the City's Tree By-laws are considered in the context of any potential impacts on housing delivery, that tree protection and development are not competing objectives, and that development can proceed in accordance with planning and building permissions alongside appropriate tree protection and / or replacement measures.

2. City Council authorize the implementation of a Distinctive Tree Maintenance Incentive Program - Pilot by Environment, Climate and Forestry Division, substantially in accordance with Table 2: Framework for the Distinctive Tree Maintenance Incentive Program - Pilot outlined in this report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry and report back to the Infrastructure and Environment Committee on the results of the Distinctive Tree Maintenance Incentive Program - Pilot in 2027, including findings and any recommendations. 3. City Council authorize the Executive Director, Environment, Climate and Forestry, or their designate, until December 31, 2026, to execute and enter into agreements with successful recipients to receive funds distributed under the Distinctive Tree Maintenance Incentive Program - Pilot outlined in this report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry, each with terms and conditions acceptable to the Executive Director, Environment, Climate and Forestry and each in a form acceptable to the City Solicitor. 4. City Council amend the City of Toronto Municipal Code Chapter 813, Trees, substantially in accordance with Attachment 2 to the report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry. 5. City Council amend the City of Toronto Municipal Code Chapter 658, Ravine and Natural Feature Protection, substantially in accordance with Attachment 2 to the report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry. 6. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, substantially in accordance with Attachment 2 to the report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry. 7. City Council amend the City of Toronto Municipal Code Chapters 632, Property, Vacant or Hazardous, 743, Streets and Sidewalks, Use of, and 918, Parking on Residential Front Yards and Boulevards to grant only the Executive Director, Environment, Climate and Forestry the authority to implement and enforce the relevant by-law provisions, instead of equal authority between the Executive Director, Environment, Climate and Forestry and the General Manager, Parks and Recreation. 8. City Council amend City of Toronto Municipal Code Chapter 608, Parks, as follows: a. Add the following definition to §608-1.: EXECUTIVE DIRECTOR - The Executive Director, Environment, Climate and Forestry or their successor or designate. b. Delete all references to "General Manager" under Article VII - Trees and replace them with "Executive Director". 9. City Council direct that the amendments to the City of Toronto Municipal Code Chapter 813, Trees, City of Toronto Municipal Code Chapter 658, Ravine and Natural Feature Protection, City of Toronto Municipal Code Chapter 441, Fees and Charges, City of Toronto Municipal Code Chapters 632, Property, Vacant or Hazardous, City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards, and City of Toronto Municipal Code Chapter 608, Parks described in Parts 4, 5, 6, 7 and 8 respectively, come into force on September 1, 2026. 10. City Council authorize the City Solicitor, in consultation with the Executive Director, Environment, Climate and Forestry, to prepare the necessary bill required to give effect to City Council's decision and to make such clarification, minor modifications, technical or stylistic refinements as may be identified by the City Solicitor. 11. City Council direct the Executive Director, Environment, Climate and Forestry, to report back to the Infrastructure and Environment Committee in 2027 on the status of all initiatives identified in Table 5: Key Implementation Actions, Descriptions, and Target Timelines outlined in this report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry. 12. City Council direct the Executive Director, Environment, Climate and Forestry to refuse, at the Executive Director's discretion, a permit to injure or destroy a tree protected under City of Toronto Municipal Code Chapters 658, Ravine and Natural Feature Protection or 813, Trees that is a Distinctive Tree, as defined in this report (February 11, 2026) from the Executive Director, Environment, Climate and Forestry, and advise the applicant to meet with Urban Forestry staff, as appropriate, to consider how the application can be amended to protect the tree in question.