A A A

2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 30

THE FOREST HEALTH PROTECTION AMENDMENT ACT (HERITAGE TREES)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F151 amended

1           The Forest Health Protection Act is amended by this Act.

2           The following is added after section 26 and before Part 5:

PART 4.1

HERITAGE TREE PROGRAM

Heritage tree program

26.1(1)     The minister is to establish a program to recognize trees with exceptional significance to Manitobans in order to promote public awareness of the environmental, cultural, social and historic importance of trees and forests.

Categories of heritage trees

26.1(2)     A tree may be designated as a heritage tree if it falls within one of the following categories:

1.  Historic or culturally significant tree — A tree that is associated with a historic event or that has significant cultural importance;

2.  Record tree — A tree that is one of the largest, broadest or oldest of its species in Manitoba or that is a prime example of a species that is extremely rare in Manitoba;

3.  Notable tree — A tree that is in a unique location, has unique characteristics or features or that has attracted widespread public recognition as a prime example of its species.

Heritage tree review committee

26.2(1)     The minister is to establish a committee to

(a) review nominations for heritage tree designation; and

(b) make recommendations to the minister respecting the designation of heritage trees.

Members

26.2(2)     The heritage tree review committee is to consist of at least five and no more than seven persons appointed by the minister.

Considerations re appointments

26.2(3)     The minister must ensure that the heritage tree review committee includes persons who are arborists or who have experience in the field of forestry or plant science.

Term

26.2(4)     A member of the heritage tree review committee is to be appointed for a term not exceeding four years.

Appointment continues

26.2(5)     After a member's term expires, the member's appointment continues until he or she is re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

26.2(6)     The minister must designate one member of the heritage tree review committee as chair and another as vice-chair, to act if the chair is absent or unable to act.

Nominations

26.3(1)     Any person may nominate a tree for designation as a heritage tree.

Nomination requirements

26.3(2)     A nomination must

(a) be made in writing to the director on a form approved by the minister; and

(b) provide information to explain why the person believes that the nominated tree falls within one of the categories set out in subsection 26.1(2).

Nominations to review committee

26.3(3)     The director must forward all nominations to the heritage tree review committee.

Review of nominations

26.3(4)     The heritage tree review committee must review all nominations. As part of its review, the committee may

(a) inspect the tree in question; and

(b) request additional information from the person making the nomination.

Recommendations to minister

26.3(5)     The heritage tree review committee must provide the minister with its recommendation on each nomination.

Designation by minister

26.3(6)     After reviewing the recommendation of the heritage tree review committee, the minister may designate a tree as a heritage tree.

Public notice of heritage trees

26.4(1)     The minister must provide public notice of the designation of heritage trees and promote public awareness of heritage trees

(a) by publishing pictures and details of heritage trees on a government website or in other publications;

(b) by posting signs or plaques near heritage trees; or

(c) in any other manner that the minister considers appropriate.

Partnerships re heritage trees

26.4(2)     The minister may enter into arrangements with other organizations to promote public awareness of heritage trees and the importance of trees to Manitobans.

Heritage tree protection on Crown land

26.5(1)     If a heritage tree is located on Crown land, the minister must ensure that no person is authorized or permitted to cut the tree down unless

(a) an arborist recommends that the tree should be cut down because it is affected by a forest threat or poses a safety hazard;

(b) the tree is required to be cut down under a forest health order or a regulation made under subsection 18(1); or

(c) the removal of the tree is required to permit work on public infrastructure to occur and the cost of performing the work without removing the tree would be excessive.

Municipal by-laws re heritage trees

26.5(2)     A municipality may enact by-laws to protect heritage trees located on municipal land.

3           The following is added after clause 33(l):

(l.1) respecting the process for designating heritage trees under Part 4.1;

Coming into force

4            This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Forest Health Protection Act to establish the Heritage Tree Program. This program recognizes trees with exceptional significance to Manitobans. Any person may nominate a tree for heritage tree designation. A committee will review nominations and make recommendations on trees that should be designated as heritage trees. Heritage trees on Crown land may not be cut down except in specific circumstances set out in the Act.