Barrie : Règlement no 2014-115, art. 14(a) — Private Tree By-law
Private Tree By-law
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Every person who contravenes the provisions of any section of this by-law, or contravenes the terms or conditions of a permit or an Order issued under this By-law and every Director or Officer of a Corporation, who concurs in the contravention by the Corporation, is guilty of an offence is liable to a system of fines according to the Municipal Act.
- (i) A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000. However, a special fine may exceed $100,000.
- (ii) In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph (a), the total of all of the daily fines for the offence is not limited to $100,000.
- (iii) In the case of a multiple offence, for each offence included in the multiple offences, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite paragraph (a), the total of all fines for each included offence is not limited to $100,000. By-law 2014-115 Office Consolidation The Corporation of the City of Barrie Private Tree By-law
- (iv) A special fine may be imposed in accordance with Subsection 429(2)(d) of the Municipal Act. In addition to a fine under clause
- (a) to
- (c) above, a special fine may be imposed in circumstances where there is an economic advantage or gain from the contravention of this by-Law or an order under Section 10 of this By-Law, and the maximum amount of the special fine may exceed $100,000 pursuant to Subsection 429(3)(1) of the Municipal Act.
- (b) The City of Barrie designates that the destruction of each Tree is one offence in a series of multiple offences.
- (c) If a person is convicted of an offence for contravening this By-law the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees.
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