Earlier this summer, residents across Leaside were shocked to hear about the illegal removal of an 80-year-old honey locust tree on a construction site in our community. When the development application for this site was submitted, City staff worked with the applicant on a solution to protect the tree by shifting the proposed building closer to the street. Nevertheless, the developer proceeded to cut down this beloved tree in June, without a permit. Now, they have submitted a new application for additional variances to construct a garden suite where the tree once stood, in addition to rear-yard parking.
While this is not the first time a developer has ignored Toronto’s tree bylaw, this incident highlights concerning gaps in the City’s enforcement of illegal tree removals. The matter is currently under investigation by Urban Forestry, with a maximum penalty of $100,000. Fines are not always a sufficient deterrent, as some developers consider monetary penalties a cost of doing business. Staff in Urban Forestry and Toronto Building have advised that the City has no ability to deny or revoke building permits in response to violations as the tree bylaw is not considered “applicable law” under the Ontario Building Code.
That is why I moved a motion at City Council in July calling for enhanced enforcement tools to hold builders accountable, including a request to the Province for the tree bylaw to be made applicable law. My motion also called for stronger tree protection conditions at the Committee of Adjustment and asked for a report on options to publish information about tree bylaw contraventions online for public reference. I am pleased to advise that City Council passed this motion with overwhelming support.
Effective enforcement of the tree bylaw is essential for many reasons. Our wealth of healthy, mature trees is one of the features that makes Leaside such a great place to live. Trees provide a wide range of benefits including air purification, carbon sequestration, street cooling, and improved stormwater management. For these reasons, the protection and expansion of Toronto’s tree canopy was identified as a key part of our TransformTO emissions reduction strategy. With private land comprising the greatest amount of space for tree canopy growth and preservation, according to the City’s 2018 Tree Canopy Study, protecting trees on infill development sites is challenging, but crucial.
Thank you to the many neighbours who remained engaged throughout this process for your helpful feedback, suggestions and updates on this situation as it unfolded. While we cannot undo the damage that has already been done, I am hopeful that our work together following this incident will bring meaningful changes in the way the City, and developers, approach tree protection in the future. Builders need to know they cannot game the system – our bylaws are not optional. I will continue to share updates on this initiative in my future newsletters and on my website rachelchernoslin.ca.
