Ontario Urban Tree Laws Explained

This ain’t an easy article to write.

But just because something isn’t easy, it doesn’t mean that it isn’t worth doing.

Or so my dad taught me. Thanks dad!

Here it goes…

Let’s begin in 2001. This is the year that Ontario government passed an update to the Ontario Municipal Act. The last time it was updated was well, when it was created, 1849. Long enough to be well overdue for an overhaul.

Overhaul it did. In total, 300 amendments were made.

One of which, states the following according to Part III Section 135 of the Ontario Municipal Act, “(1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees.”

Sounds straightforward enough, so far.

So each municipality can decide for themselves the rules pertaining to the destruction or injury of trees.

Now, let’s add some complexity to it.

Sometimes, there are provincial acts that override what a municipality enacts as a bylaw. All that talk about, “a local municipality may prohibit or regulate the destruction or injuring of trees”, may not matter in some cases.

In 2013 there was an Ontario court case, Hartley v. Cunningham whereby the City of Toronto issued a permit to remove a boundary tree. One neighbour wanted to keep the tree and the other did not. As a little FYI, a boundary tree is a tree that straddles two properties and therefore it is co-owned. I won’t go into the complexity of it, but essentially it says that no matter if the trunk of the tree is 1% on the neighbour’s or 50%, it is still co-owned.

Anyway, the Ontario court held that the municipality undermined the Forestry Act’s dual-consent requirement. Both neighbours had to agree to have the tree removed, full stop, no exemptions.

The Ontario Invasive Species Act, Migratory Bird Act, Pesticide Act, and many other laws, provincial and federal, point to how complex the rules and laws are surrounding urban trees because they too have elements that can override the municipal bylaw.

To add to this, municipalities aren’t all in agreement as to one province-wide bylaw that they should implement. As many municipalities there are is as many unique sets of bylaws there are in Ontario. It truly is complex.

None of this applies, by the way, if a tree comes down on its own and causes damage — that’s an insurance question, not a permit one. See our guide to insurance and trees for what to do first.

How should you navigate it?

Look up the rules in your municipality surrounding trees. If that level of research isn’t your interest then find a reputable consulting arborist — our guide on whether tree services give free quotes explains when a paid, independent assessment like that is worth it. An arborist report is often exactly what a municipality wants to see before granting a permit. If you look in the advanced search features of our website you can find consulting arborists who specialize in this topic.

This page is general information, not legal advice, and bylaws change — always confirm the current rule with your own municipality before removing a tree. Coverage and thresholds below were researched from official municipal sources; see each city’s own page for sources and the date it was last checked.

Find your city’s specific rules

Last edited on October 6, 2026