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Canada and Ontario: Why a Municipality Can Easily Adopt the Universal Declaration of Tree Rights and Its Fifteen Commitments

Universal Declaration of Tree Rights and Assembly of the Tree in Ontario and Canada, with Canadian and Ontario flags, a municipal resolution and legal symbols

On June 9, 2026, the Municipal Council of Terrasse-Vaudreuil, Quebec,
unanimously adopted Resolution No. 2026-06-111, becoming the first municipality in the
world to officially adhere to the Universal Declaration of Tree Rights.

This decision demonstrated that a Canadian municipality can recognize the principles of
the Declaration and organize their progressive implementation without waiting for prior
reform of federal or provincial law.

The same question now arises in Ontario.

Ontario municipal law differs from Quebec law, but it also provides municipalities with
extensive powers relating to environmental well-being, climate change, land-use planning,
tree protection, the management of public spaces and green infrastructure.

An Ontario municipality may therefore, within the limits of its legal powers, officially
adopt the Universal Declaration of Tree Rights and the
Fifteen Commitments of Local and Regional Authorities, and then progressively
determine the administrative, financial, participatory and regulatory measures best suited
to its territory.

The consideration initiated in July 2026 by the Municipality of Port Hope
provides a particularly instructive example. It demonstrates that recognition of the
fundamental rights of the Tree can be brought before an Ontario municipal council.

It also reveals the importance of properly understanding the legal nature of the Declaration,
its official adoption framework and the distinction between an institutional resolution and
the by-laws or other measures that may subsequently ensure its implementation.

1. Why the Declaration Is Universal

The Universal Declaration of Tree Rights is not tied to any particular legal, land-based or
territorial mechanism.

It sets out common principles intended to transform the relationship between humanity and
the Tree.

It affirms, in particular, that the Tree is a sentient living being, a source of Life and a
common good of humankind; that Life on Earth depends upon the existence of the Tree; and
that humanity must act towards the Tree in a spirit of fraternity and solidarity.

Its universal character does not mean that it would produce the same immediate legal effects
everywhere.

It means that its principles can be recognized in different countries, cultures and legal
systems, while their implementation is adapted to the powers, institutions, resources and
ecological characteristics of each territory.

In Ontario, this implementation may rely upon existing municipal responsibilities relating to:

  • environmental well-being and climate change;
  • parks and public spaces;
  • natural heritage;
  • land-use planning;
  • canopy protection;
  • tree removal and conservation;
  • green-infrastructure management;
  • public participation;
  • health, safety and quality of life.

These instruments are not the Declaration itself. They are the means through which a
municipality may progressively translate its principles into public action.

2. An Approach Compatible with Canada’s Constitutional Framework

Municipalities Fall Primarily Under Provincial Jurisdiction

Canada does not have a single, uniform municipal system.

Section 92(8) of the Constitution Act, 1867 assigns jurisdiction over
municipal institutions to the provinces. Ontario municipalities therefore exercise the
powers granted to them by Ontario legislation and by the other legal instruments applicable
to them.

An Ontario municipality does not possess an independent constitutional jurisdiction
comparable to that of the Parliament of Canada or the Legislative Assembly of Ontario.

This does not prevent it from adopting environmental orientations, public policies, plans,
programs or by-laws within its areas of responsibility.

3. Adopting the Declaration Is Not the Same as Entering into an International Treaty

Municipal adherence to the Universal Declaration of Tree Rights does not constitute the
signing of an international treaty.

The Declaration establishes a common foundation.

The Fifteen Commitments provide a progressive roadmap.

Subsequent municipal decisions — policies, budgets, programs, by-laws and planning
instruments — gradually give concrete effect to this orientation.

The proposed International Convention on Tree Rights belongs to a different institutional
level. It currently exists as a proposed legal instrument but is not an international treaty
in force. A municipality adopting the Declaration therefore does not become a contracting
party to that Convention.

4. Ontario Law Grants Municipalities Broad Powers

The Municipal Act, 2001

The Municipal Act, 2001 is the principal legislative framework governing
Ontario municipalities, with certain exceptions, including the City of Toronto, which is
governed by its own statute.

The Act provides that municipal powers are to be interpreted broadly so that municipalities
can govern their affairs and respond to the needs of their communities.

It also recognizes municipal powers relating to the economic, social and environmental
well-being of the municipality, expressly including climate change.

This reference to environmental well-being and climate change is directly relevant to:

  • canopy protection and expansion;
  • the reduction of urban heat islands;
  • stormwater management;
  • resilience to extreme climatic events;
  • soil conservation;
  • biodiversity;
  • air quality;
  • public health and well-being;
  • the management of trees as living infrastructure.

5. A Resolution to Adopt the Principles, By-laws to Impose Legal Obligations

The Government of Ontario explains that municipal powers are generally exercised through a
by-law or a resolution.

This distinction corresponds directly to the approach proposed by the Universal Declaration
of Tree Rights.

What a Resolution Can Do

  • officially adopt the Declaration and the Fifteen Commitments;
  • identify both texts precisely and attach them to the municipal decision;
  • authorize the mayor or another duly empowered representative to sign them;
  • direct municipal staff to prepare an implementation plan;
  • establish priorities and a progressive timetable;
  • initiate a tree inventory;
  • review existing policies and by-laws;
  • create a consultative process;
  • provide for periodic progress reports;
  • initiate dialogue with residents, experts, First Nations and local stakeholders.

What Usually Requires a By-law or Other Legal Instrument

  • a permit before removing a tree;
  • categories of protected trees;
  • minimum protection distances around trunks and root systems;
  • tree-protection requirements during construction;
  • conditions governing authorization to remove a tree;
  • replacement or replanting obligations;
  • preservation plans for development projects;
  • compensation measures;
  • inspections;
  • offences and penalties.

Adopting the Declaration therefore never exempts a municipality from following the ordinary
procedures required for the adoption of a by-law, approval of a budget, amendment of an
official plan or exercise of an administrative power.

6. The Municipal Act Directly Permits Tree Protection

Section 135 of the Municipal Act, 2001 authorizes a local municipality to
prohibit or regulate the destruction or injuring of trees.

The Act also permits municipalities to establish permit systems and impose conditions
relating to authorized activities, subject to statutory exceptions and limitations.

This provision may support measures relating to:

  • the conservation of trees and woodlands;
  • the regulation of certain tree-cutting activities;
  • canopy protection;
  • the prevention of damage to trees;
  • conditions for issuing permits;
  • replanting or ecological restoration where a sufficient legal basis exists.

Responsibility may, however, be divided between a lower-tier municipality and the county or
region to which it belongs.

Port Hope, for example, is a lower-tier municipality within Northumberland County, which
forms the upper municipal tier. The implementation of certain measures must therefore take
account of the division of authority between these two levels.

This territorial organization does not prevent the Port Hope Municipal Council from adopting
the Declaration as a matter of principle.

7. Land-Use Planning Also Provides Means of Action

The Ontario Planning Act is intended, among other purposes, to promote
sustainable development within a healthy natural environment.

Within the limits and procedures established by the Act, municipalities may use their
planning instruments to address:

  • natural heritage;
  • green spaces;
  • woodlands;
  • vegetation;
  • landscapes;
  • flood risks;
  • climate adaptation;
  • trees and planting associated with development projects.

Site-plan control mechanisms may also address trees, shrubs, hedges, ground cover and other
landscaping elements in situations where those powers apply.

Official plans, zoning by-laws, development-review procedures and planning conditions may
therefore contribute to the progressive implementation of several of the Commitments.

These powers must nevertheless be exercised in compliance with provincial limitations,
applicable provincial policies and the division of responsibility between different
municipal tiers.

8. Trees May Also Be Recognized as Green Infrastructure

Modern municipal management does not necessarily limit the concept of infrastructure to
roads, bridges, pipes or buildings.

Ontario regulations governing municipal asset management include green infrastructure
assets and require municipalities to consider climate-related vulnerabilities and adaptation
or mitigation opportunities affecting municipal infrastructure.

Depending upon the circumstances, trees, street trees, urban forests, woodlands, parks,
vegetated soils, wetlands and other natural elements may provide essential services:

  • intercepting and infiltrating rainwater;
  • reducing surface runoff;
  • lowering temperatures;
  • storing carbon;
  • stabilizing soils;
  • filtering air;
  • supporting biodiversity;
  • improving public health and quality of life.

9. The Fifteen Commitments: A Progressive Method Adapted to Ontario

The Fifteen Commitments of Local and Regional Authorities are not a collection of obligations
that must be fully and immediately implemented.

They constitute a common, voluntary, progressive and evolving roadmap structured around five
complementary stages:

GOVERNING  —  KNOWING  —  ACTING  —  PRESERVING
—  TRANSMITTING

Governing

A municipality may establish an Assembly of the Tree as a permanent
consultative body bringing together, according to local circumstances:

  • members of council;
  • municipal departments and public services;
  • arborists and forestry professionals;
  • scientists;
  • legal experts;
  • associations;
  • residents;
  • other professionals;
  • representatives of relevant First Nations and Indigenous communities;
  • other stakeholders involved in protecting and managing the territory.

The Assembly of the Tree does not replace the municipal council.

It is not a court, a regulatory authority or a body automatically possessing a power of
veto. It formulates observations, recommendations and proposals intended to inform public
decision-making.

The Defender of the Tree may also be organized as an individual, a panel or a consultative
function responsible for receiving alerts, examining situations and presenting
recommendations.

Knowing

A municipality may establish:

  • an inventory of its tree heritage;
  • canopy mapping;
  • a municipal tree register;
  • a database recording the condition and health of trees;
  • a system identifying trees of ecological, historical, cultural, scientific or landscape value;
  • administrative recognition of Guardian Trees;
  • a Guardian Tree Passport bringing together the available knowledge concerning each recognized tree.

This recognition may begin as an administrative, cultural and educational measure.

When it is intended to create obligations for property owners or project proponents, it
must be translated into a by-law, planning instrument, agreement or another legally
appropriate mechanism.

Acting

The municipality may establish objectives for preserving, restoring and expanding the
canopy.

It may, in particular:

  • review its maintenance practices;
  • protect roots and soils;
  • improve rules applying to construction sites;
  • plan diversified tree planting;
  • favour species adapted to local conditions;
  • address invasive species;
  • strengthen project-review procedures;
  • organize public participation;
  • improve tree-removal procedures;
  • establish replacement or compensation measures supported by an adequate legal basis.

Preserving

The right to shade expressed in the Commitments is a public-policy objective.

It does not mean that every individual would automatically acquire a personal legal right
to demand a tree in a particular location.

It invites municipalities to integrate vegetative shade and thermal comfort into the
planning of:

  • streets;
  • public squares;
  • parks;
  • pedestrian routes;
  • schools;
  • public facilities;
  • neighbourhoods particularly exposed to heat.

Transmitting

A signatory municipality is invited to evaluate its progress regularly and to transmit to
future generations a living common good that is at least equivalent and, wherever possible,
enhanced.

It may publish a periodic report presenting:

  • changes in canopy cover;
  • tree planting and tree losses;
  • conservation measures adopted;
  • the condition of Guardian Trees;
  • investments made;
  • results achieved;
  • difficulties encountered;
  • future priorities.

This monitoring requirement helps prevent adherence from remaining an isolated declaration
without lasting implementation.

10. Port Hope: A Concrete Example of Ontario’s Possibilities

The Municipality of Port Hope already has several policies and strategic orientations that
could provide a foundation for the progressive implementation of the Declaration.

Its Forest Master Plan includes, in particular:

  • the development of a community forest and green infrastructure;
  • planning for municipal urban and rural forest areas;
  • recognition of the value of trees to the community;
  • the inventory and management of trees situated on municipal property;
  • the development and stewardship of Port Hope’s tree canopy.

Port Hope’s Community Climate Action Plan also supports the protection of
forests, wetlands, water bodies, the urban tree canopy, vegetation and green infrastructure.
It identifies the protection and enhancement of natural spaces as an important element of
climate action, biodiversity protection, public health and community resilience.

The municipality also has policies concerning the planting and protection of trees situated
on municipal property.

Its public information page states that, outside the requirements applying in certain
development contexts, a general permit is not required for the maintenance or removal of
trees on private property.

These elements demonstrate that Port Hope would not be starting from nothing.

The Declaration and the Fifteen Commitments could provide a common framework through which
existing policies could be connected, strengthened and made more coherent.

The Debate Reveals a Misunderstanding of the Nature of the Declaration

In July 2026, Port Hope’s Committee of the Whole considered a motion concerning the
recognition of principles relating to the rights of trees.

According to the report published by the Northumberland Daily, the Committee
recommended the amended motion by four votes to three. References to the
Universal Declaration of Tree Rights were removed, while three fundamental
principles concerning tree rights were retained.

The recommendation was scheduled to be presented to the Municipal Council for final
consideration on July 21, 2026.

The debate appears to have concerned not so much the need to protect trees as the question of
whether a declaration described as international constituted an appropriate instrument for a
municipality.

It means that the municipal council adopts a framework of principles and a roadmap, and then
acts progressively within the limits of Ontario law.

The Port Hope case therefore does not demonstrate that the Declaration is legally unsuitable
for an Ontario municipality.

On the contrary, it shows that the issue can be brought before a municipal council and that
it corresponds to responsibilities and concerns already recognized at the municipal level:
canopy cover, infrastructure, flooding, heat, health, biodiversity, planning and climate
resilience.

It also demonstrates why preliminary dialogue with the organization officially carrying the
Declaration is essential.

Such dialogue makes it possible to explain the true scope of adoption, answer legal questions
and prepare a proposed resolution compatible with local law.

11. Official Adoption Requires the Declaration to Be Named and Identified

A municipality remains entirely free to draft and adopt its own principles concerning tree
protection.

General ideas concerning the value of trees, canopy protection, biodiversity or climate
adaptation are not reserved exclusively to the Universal Declaration of Tree Rights.

However, two different approaches must be distinguished.

An Independent Municipal Policy

A municipality may freely develop its own principles and draft them independently in its
own language.

Such a policy does not constitute adoption of the Universal Declaration of Tree Rights
and does not entitle the municipality to be entered in the International Register as an
official signatory authority.

Official Adoption of the Declaration

To join the initiative officially, a municipality must:

  • mention the full title of the Declaration;
  • identify precisely the text being adopted;
  • preserve its attribution and integrity;
  • jointly adopt the Fifteen Commitments of Local and Regional Authorities;
  • transmit its decision to La Compagnie des Papillons Bleus;
  • begin their progressive implementation.

Canada’s Copyright Act reserves to the copyright owner, among other rights, the right to
reproduce the work or any substantial part of it.

It also recognizes the author’s right to the integrity of the work and, where reasonable in
the circumstances, the right to be associated with the work by name.

Removing the name of the Declaration while retaining its official wording cannot therefore
be regarded as a normal procedure for officially adopting it.

The legal characterization of any particular reproduction nevertheless depends upon the
exact wording used, its extent and the surrounding circumstances. It cannot be established
solely on the basis of a newspaper report.

Regardless of the intellectual-property question, wording detached from the Declaration’s
title and official framework does not constitute recognized adherence to the Declaration.

12. A Simple Procedure for Ontario Municipalities

  1. Contact La Compagnie des Papillons Bleus

    The municipality or a member of council establishes initial contact with the organization
    officially carrying and stewarding the Declaration.

  2. Organize a Preliminary Discussion

    A meeting provides an opportunity to present:

    • the Declaration;
    • the Fifteen Commitments;
    • the Assembly of the Tree;
    • the proposed International Convention on Tree Rights;
    • the International Register of Signatory Authorities;
    • the legal and institutional scope of adoption;
    • the arrangements for progressive implementation.
  3. Review Existing Municipal Policies

    Municipal departments identify the plans, policies, programs and by-laws already
    compatible with the initiative.

    This review will often reveal that several Commitments are already being implemented in
    part.

  4. Have the Proposal Reviewed by the Clerk and Legal Department

    The proposed motion or resolution is adapted to the municipality’s legal status,
    procedural rules and division of responsibilities with the upper-tier municipality.

    This review makes it possible to distinguish clearly between:

    • institutional adoption;
    • initial administrative measures;
    • budgetary decisions;
    • possible future by-laws.
  5. Jointly Adopt Both Texts

    Council adopts:

    • the Universal Declaration of Tree Rights;
    • the Fifteen Commitments of Local and Regional Authorities.

    The documents should be precisely identified and, where municipal procedure permits,
    attached to the resolution.

  6. Authorize Signature and Transmit the Decision

    The authorized representative signs the documents, and the municipality transmits its
    official instrument of adoption to La Compagnie des Papillons Bleus.

    Following verification, the local or regional authority may be entered in the
    International Register of Signatory Authorities.

  7. Establish a Realistic Timetable

    The municipality determines:

    • its initial priorities;
    • the departments responsible;
    • the partners to be involved;
    • the resources available;
    • monitoring indicators;
    • the implementation timetable.

13. A Legally Accessible and Politically Ambitious Path

An Ontario municipality does not need to wait for Canada or Ontario to recognize a new
general legal status for trees before adopting the Universal Declaration of Tree Rights.

It may act today to:

  • officially recognize its principles;
  • adopt the Fifteen Commitments as a roadmap;
  • organize progressive implementation;
  • mobilize its existing environmental powers;
  • improve canopy policies;
  • inventory its tree heritage;
  • involve residents and experts;
  • strengthen administrative practices;
  • prepare appropriate by-laws where necessary.

The relative legal accessibility of adoption does not make the commitment superficial.

On the contrary, it avoids two opposing errors.

The first would be to wait for comprehensive legal reform before beginning to act.

The second would be to claim that a single resolution could immediately transform the
entire legal framework applicable to trees.

The Declaration sets out the principles.

The Fifteen Commitments establish a method.

The Assembly of the Tree creates a space for knowledge, dialogue and participation.

Municipal policies, programs, budgets, planning instruments and by-laws then ensure their
progressive implementation.

The precedent established by Terrasse-Vaudreuil has opened the way in Canada.

Ontario’s legal framework allows municipalities to continue along that path.

Port Hope now has the opportunity to demonstrate that an Ontario municipality can, in
turn, officially adopt the Declaration, preserve the integrity of its principles and
incorporate them into a concrete, progressive and democratic municipal process.

The path is legally accessible.
It is politically ambitious.

It can be taken today by any Ontario municipality wishing to place the protection of the
Tree at the heart of its long-term public action.

14. Official Sources and Reference Texts

Universal Declaration of Tree Rights and Municipal Adoption

Canadian and Ontario Law

Port Hope

Legal notice: This article presents the general principles of Ontario
municipal law and the institutional framework of the Universal Declaration of Tree
Rights. It does not constitute individualized legal advice. Each municipality is
encouraged to have its proposed resolution and contemplated implementation measures
reviewed by its municipal clerk, legal department or legal counsel.

On June 9, 2026, the Municipal Council of Terrasse-Vaudreuil, Quebec,
unanimously adopted Resolution No. 2026-06-111, becoming the first municipality in the
world to officially adhere to the Universal Declaration of Tree Rights.

This decision demonstrated that a Canadian municipality can recognize the principles of
the Declaration and organize their progressive implementation without waiting for prior
reform of federal or provincial law.

The same question now arises in Ontario.

Ontario municipal law differs from Quebec law, but it also provides municipalities with
extensive powers relating to environmental well-being, climate change, land-use planning,
tree protection, the management of public spaces and green infrastructure.

An Ontario municipality may therefore, within the limits of its legal powers, officially
adopt the Universal Declaration of Tree Rights and the
Fifteen Commitments of Local and Regional Authorities, and then progressively
determine the administrative, financial, participatory and regulatory measures best suited
to its territory.

The consideration initiated in July 2026 by the Municipality of Port Hope
provides a particularly instructive example. It demonstrates that recognition of the
fundamental rights of the Tree can be brought before an Ontario municipal council.

It also reveals the importance of properly understanding the legal nature of the Declaration,
its official adoption framework and the distinction between an institutional resolution and
the by-laws or other measures that may subsequently ensure its implementation.

1. Why the Declaration Is Universal

The Universal Declaration of Tree Rights is not tied to any particular legal, land-based or
territorial mechanism.

It sets out common principles intended to transform the relationship between humanity and
the Tree.

It affirms, in particular, that the Tree is a sentient living being, a source of Life and a
common good of humankind; that Life on Earth depends upon the existence of the Tree; and
that humanity must act towards the Tree in a spirit of fraternity and solidarity.

Its universal character does not mean that it would produce the same immediate legal effects
everywhere.

It means that its principles can be recognized in different countries, cultures and legal
systems, while their implementation is adapted to the powers, institutions, resources and
ecological characteristics of each territory.

In Ontario, this implementation may rely upon existing municipal responsibilities relating to:

  • environmental well-being and climate change;
  • parks and public spaces;
  • natural heritage;
  • land-use planning;
  • canopy protection;
  • tree removal and conservation;
  • green-infrastructure management;
  • public participation;
  • health, safety and quality of life.

These instruments are not the Declaration itself. They are the means through which a
municipality may progressively translate its principles into public action.

2. An Approach Compatible with Canada’s Constitutional Framework

Municipalities Fall Primarily Under Provincial Jurisdiction

Canada does not have a single, uniform municipal system.

Section 92(8) of the Constitution Act, 1867 assigns jurisdiction over
municipal institutions to the provinces. Ontario municipalities therefore exercise the
powers granted to them by Ontario legislation and by the other legal instruments applicable
to them.

An Ontario municipality does not possess an independent constitutional jurisdiction
comparable to that of the Parliament of Canada or the Legislative Assembly of Ontario.

This does not prevent it from adopting environmental orientations, public policies, plans,
programs or by-laws within its areas of responsibility.

3. Adopting the Declaration Is Not the Same as Entering into an International Treaty

Municipal adherence to the Universal Declaration of Tree Rights does not constitute the
signing of an international treaty.

The Declaration establishes a common foundation.

The Fifteen Commitments provide a progressive roadmap.

Subsequent municipal decisions — policies, budgets, programs, by-laws and planning
instruments — gradually give concrete effect to this orientation.

The proposed International Convention on Tree Rights belongs to a different institutional
level. It currently exists as a proposed legal instrument but is not an international treaty
in force. A municipality adopting the Declaration therefore does not become a contracting
party to that Convention.

4. Ontario Law Grants Municipalities Broad Powers

The Municipal Act, 2001

The Municipal Act, 2001 is the principal legislative framework governing
Ontario municipalities, with certain exceptions, including the City of Toronto, which is
governed by its own statute.

The Act provides that municipal powers are to be interpreted broadly so that municipalities
can govern their affairs and respond to the needs of their communities.

It also recognizes municipal powers relating to the economic, social and environmental
well-being of the municipality, expressly including climate change.

This reference to environmental well-being and climate change is directly relevant to:

  • canopy protection and expansion;
  • the reduction of urban heat islands;
  • stormwater management;
  • resilience to extreme climatic events;
  • soil conservation;
  • biodiversity;
  • air quality;
  • public health and well-being;
  • the management of trees as living infrastructure.

5. A Resolution to Adopt the Principles, By-laws to Impose Legal Obligations

The Government of Ontario explains that municipal powers are generally exercised through a
by-law or a resolution.

This distinction corresponds directly to the approach proposed by the Universal Declaration
of Tree Rights.

What a Resolution Can Do

  • officially adopt the Declaration and the Fifteen Commitments;
  • identify both texts precisely and attach them to the municipal decision;
  • authorize the mayor or another duly empowered representative to sign them;
  • direct municipal staff to prepare an implementation plan;
  • establish priorities and a progressive timetable;
  • initiate a tree inventory;
  • review existing policies and by-laws;
  • create a consultative process;
  • provide for periodic progress reports;
  • initiate dialogue with residents, experts, First Nations and local stakeholders.

What Usually Requires a By-law or Other Legal Instrument

  • a permit before removing a tree;
  • categories of protected trees;
  • minimum protection distances around trunks and root systems;
  • tree-protection requirements during construction;
  • conditions governing authorization to remove a tree;
  • replacement or replanting obligations;
  • preservation plans for development projects;
  • compensation measures;
  • inspections;
  • offences and penalties.

Adopting the Declaration therefore never exempts a municipality from following the ordinary
procedures required for the adoption of a by-law, approval of a budget, amendment of an
official plan or exercise of an administrative power.

6. The Municipal Act Directly Permits Tree Protection

Section 135 of the Municipal Act, 2001 authorizes a local municipality to
prohibit or regulate the destruction or injuring of trees.

The Act also permits municipalities to establish permit systems and impose conditions
relating to authorized activities, subject to statutory exceptions and limitations.

This provision may support measures relating to:

  • the conservation of trees and woodlands;
  • the regulation of certain tree-cutting activities;
  • canopy protection;
  • the prevention of damage to trees;
  • conditions for issuing permits;
  • replanting or ecological restoration where a sufficient legal basis exists.

Responsibility may, however, be divided between a lower-tier municipality and the county or
region to which it belongs.

Port Hope, for example, is a lower-tier municipality within Northumberland County, which
forms the upper municipal tier. The implementation of certain measures must therefore take
account of the division of authority between these two levels.

This territorial organization does not prevent the Port Hope Municipal Council from adopting
the Declaration as a matter of principle.

7. Land-Use Planning Also Provides Means of Action

The Ontario Planning Act is intended, among other purposes, to promote
sustainable development within a healthy natural environment.

Within the limits and procedures established by the Act, municipalities may use their
planning instruments to address:

  • natural heritage;
  • green spaces;
  • woodlands;
  • vegetation;
  • landscapes;
  • flood risks;
  • climate adaptation;
  • trees and planting associated with development projects.

Site-plan control mechanisms may also address trees, shrubs, hedges, ground cover and other
landscaping elements in situations where those powers apply.

Official plans, zoning by-laws, development-review procedures and planning conditions may
therefore contribute to the progressive implementation of several of the Commitments.

These powers must nevertheless be exercised in compliance with provincial limitations,
applicable provincial policies and the division of responsibility between different
municipal tiers.

8. Trees May Also Be Recognized as Green Infrastructure

Modern municipal management does not necessarily limit the concept of infrastructure to
roads, bridges, pipes or buildings.

Ontario regulations governing municipal asset management include green infrastructure
assets and require municipalities to consider climate-related vulnerabilities and adaptation
or mitigation opportunities affecting municipal infrastructure.

Depending upon the circumstances, trees, street trees, urban forests, woodlands, parks,
vegetated soils, wetlands and other natural elements may provide essential services:

  • intercepting and infiltrating rainwater;
  • reducing surface runoff;
  • lowering temperatures;
  • storing carbon;
  • stabilizing soils;
  • filtering air;
  • supporting biodiversity;
  • improving public health and quality of life.

9. The Fifteen Commitments: A Progressive Method Adapted to Ontario

The Fifteen Commitments of Local and Regional Authorities are not a collection of obligations
that must be fully and immediately implemented.

They constitute a common, voluntary, progressive and evolving roadmap structured around five
complementary stages:

GOVERNING  —  KNOWING  —  ACTING  —  PRESERVING
—  TRANSMITTING

Governing

A municipality may establish an Assembly of the Tree as a permanent
consultative body bringing together, according to local circumstances:

  • members of council;
  • municipal departments and public services;
  • arborists and forestry professionals;
  • scientists;
  • legal experts;
  • associations;
  • residents;
  • other professionals;
  • representatives of relevant First Nations and Indigenous communities;
  • other stakeholders involved in protecting and managing the territory.

The Assembly of the Tree does not replace the municipal council.

It is not a court, a regulatory authority or a body automatically possessing a power of
veto. It formulates observations, recommendations and proposals intended to inform public
decision-making.

The Defender of the Tree may also be organized as an individual, a panel or a consultative
function responsible for receiving alerts, examining situations and presenting
recommendations.

Knowing

A municipality may establish:

  • an inventory of its tree heritage;
  • canopy mapping;
  • a municipal tree register;
  • a database recording the condition and health of trees;
  • a system identifying trees of ecological, historical, cultural, scientific or landscape value;
  • administrative recognition of Guardian Trees;
  • a Guardian Tree Passport bringing together the available knowledge concerning each recognized tree.

This recognition may begin as an administrative, cultural and educational measure.

When it is intended to create obligations for property owners or project proponents, it
must be translated into a by-law, planning instrument, agreement or another legally
appropriate mechanism.

Acting

The municipality may establish objectives for preserving, restoring and expanding the
canopy.

It may, in particular:

  • review its maintenance practices;
  • protect roots and soils;
  • improve rules applying to construction sites;
  • plan diversified tree planting;
  • favour species adapted to local conditions;
  • address invasive species;
  • strengthen project-review procedures;
  • organize public participation;
  • improve tree-removal procedures;
  • establish replacement or compensation measures supported by an adequate legal basis.

Preserving

The right to shade expressed in the Commitments is a public-policy objective.

It does not mean that every individual would automatically acquire a personal legal right
to demand a tree in a particular location.

It invites municipalities to integrate vegetative shade and thermal comfort into the
planning of:

  • streets;
  • public squares;
  • parks;
  • pedestrian routes;
  • schools;
  • public facilities;
  • neighbourhoods particularly exposed to heat.

Transmitting

A signatory municipality is invited to evaluate its progress regularly and to transmit to
future generations a living common good that is at least equivalent and, wherever possible,
enhanced.

It may publish a periodic report presenting:

  • changes in canopy cover;
  • tree planting and tree losses;
  • conservation measures adopted;
  • the condition of Guardian Trees;
  • investments made;
  • results achieved;
  • difficulties encountered;
  • future priorities.

This monitoring requirement helps prevent adherence from remaining an isolated declaration
without lasting implementation.

10. Port Hope: A Concrete Example of Ontario’s Possibilities

The Municipality of Port Hope already has several policies and strategic orientations that
could provide a foundation for the progressive implementation of the Declaration.

Its Forest Master Plan includes, in particular:

  • the development of a community forest and green infrastructure;
  • planning for municipal urban and rural forest areas;
  • recognition of the value of trees to the community;
  • the inventory and management of trees situated on municipal property;
  • the development and stewardship of Port Hope’s tree canopy.

Port Hope’s Community Climate Action Plan also supports the protection of
forests, wetlands, water bodies, the urban tree canopy, vegetation and green infrastructure.
It identifies the protection and enhancement of natural spaces as an important element of
climate action, biodiversity protection, public health and community resilience.

The municipality also has policies concerning the planting and protection of trees situated
on municipal property.

Its public information page states that, outside the requirements applying in certain
development contexts, a general permit is not required for the maintenance or removal of
trees on private property.

These elements demonstrate that Port Hope would not be starting from nothing.

The Declaration and the Fifteen Commitments could provide a common framework through which
existing policies could be connected, strengthened and made more coherent.

The Debate Reveals a Misunderstanding of the Nature of the Declaration

In July 2026, Port Hope’s Committee of the Whole considered a motion concerning the
recognition of principles relating to the rights of trees.

According to the report published by the Northumberland Daily, the Committee
recommended the amended motion by four votes to three. References to the
Universal Declaration of Tree Rights were removed, while three fundamental
principles concerning tree rights were retained.

The recommendation was scheduled to be presented to the Municipal Council for final
consideration on July 21, 2026.

The debate appears to have concerned not so much the need to protect trees as the question of
whether a declaration described as international constituted an appropriate instrument for a
municipality.

It means that the municipal council adopts a framework of principles and a roadmap, and then
acts progressively within the limits of Ontario law.

The Port Hope case therefore does not demonstrate that the Declaration is legally unsuitable
for an Ontario municipality.

On the contrary, it shows that the issue can be brought before a municipal council and that
it corresponds to responsibilities and concerns already recognized at the municipal level:
canopy cover, infrastructure, flooding, heat, health, biodiversity, planning and climate
resilience.

It also demonstrates why preliminary dialogue with the organization officially carrying the
Declaration is essential.

Such dialogue makes it possible to explain the true scope of adoption, answer legal questions
and prepare a proposed resolution compatible with local law.

11. Official Adoption Requires the Declaration to Be Named and Identified

A municipality remains entirely free to draft and adopt its own principles concerning tree
protection.

General ideas concerning the value of trees, canopy protection, biodiversity or climate
adaptation are not reserved exclusively to the Universal Declaration of Tree Rights.

However, two different approaches must be distinguished.

An Independent Municipal Policy

A municipality may freely develop its own principles and draft them independently in its
own language.

Such a policy does not constitute adoption of the Universal Declaration of Tree Rights
and does not entitle the municipality to be entered in the International Register as an
official signatory authority.

Official Adoption of the Declaration

To join the initiative officially, a municipality must:

  • mention the full title of the Declaration;
  • identify precisely the text being adopted;
  • preserve its attribution and integrity;
  • jointly adopt the Fifteen Commitments of Local and Regional Authorities;
  • transmit its decision to La Compagnie des Papillons Bleus;
  • begin their progressive implementation.

Canada’s Copyright Act reserves to the copyright owner, among other rights, the right to
reproduce the work or any substantial part of it.

It also recognizes the author’s right to the integrity of the work and, where reasonable in
the circumstances, the right to be associated with the work by name.

Removing the name of the Declaration while retaining its official wording cannot therefore
be regarded as a normal procedure for officially adopting it.

The legal characterization of any particular reproduction nevertheless depends upon the
exact wording used, its extent and the surrounding circumstances. It cannot be established
solely on the basis of a newspaper report.

Regardless of the intellectual-property question, wording detached from the Declaration’s
title and official framework does not constitute recognized adherence to the Declaration.

12. A Simple Procedure for Ontario Municipalities

  1. Contact La Compagnie des Papillons Bleus

    The municipality or a member of council establishes initial contact with the organization
    officially carrying and stewarding the Declaration.

  2. Organize a Preliminary Discussion

    A meeting provides an opportunity to present:

    • the Declaration;
    • the Fifteen Commitments;
    • the Assembly of the Tree;
    • the proposed International Convention on Tree Rights;
    • the International Register of Signatory Authorities;
    • the legal and institutional scope of adoption;
    • the arrangements for progressive implementation.
  3. Review Existing Municipal Policies

    Municipal departments identify the plans, policies, programs and by-laws already
    compatible with the initiative.

    This review will often reveal that several Commitments are already being implemented in
    part.

  4. Have the Proposal Reviewed by the Clerk and Legal Department

    The proposed motion or resolution is adapted to the municipality’s legal status,
    procedural rules and division of responsibilities with the upper-tier municipality.

    This review makes it possible to distinguish clearly between:

    • institutional adoption;
    • initial administrative measures;
    • budgetary decisions;
    • possible future by-laws.
  5. Jointly Adopt Both Texts

    Council adopts:

    • the Universal Declaration of Tree Rights;
    • the Fifteen Commitments of Local and Regional Authorities.

    The documents should be precisely identified and, where municipal procedure permits,
    attached to the resolution.

  6. Authorize Signature and Transmit the Decision

    The authorized representative signs the documents, and the municipality transmits its
    official instrument of adoption to La Compagnie des Papillons Bleus.

    Following verification, the local or regional authority may be entered in the
    International Register of Signatory Authorities.

  7. Establish a Realistic Timetable

    The municipality determines:

    • its initial priorities;
    • the departments responsible;
    • the partners to be involved;
    • the resources available;
    • monitoring indicators;
    • the implementation timetable.

13. A Legally Accessible and Politically Ambitious Path

An Ontario municipality does not need to wait for Canada or Ontario to recognize a new
general legal status for trees before adopting the Universal Declaration of Tree Rights.

It may act today to:

  • officially recognize its principles;
  • adopt the Fifteen Commitments as a roadmap;
  • organize progressive implementation;
  • mobilize its existing environmental powers;
  • improve canopy policies;
  • inventory its tree heritage;
  • involve residents and experts;
  • strengthen administrative practices;
  • prepare appropriate by-laws where necessary.

The relative legal accessibility of adoption does not make the commitment superficial.

On the contrary, it avoids two opposing errors.

The first would be to wait for comprehensive legal reform before beginning to act.

The second would be to claim that a single resolution could immediately transform the
entire legal framework applicable to trees.

The Declaration sets out the principles.

The Fifteen Commitments establish a method.

The Assembly of the Tree creates a space for knowledge, dialogue and participation.

Municipal policies, programs, budgets, planning instruments and by-laws then ensure their
progressive implementation.

The precedent established by Terrasse-Vaudreuil has opened the way in Canada.

Ontario’s legal framework allows municipalities to continue along that path.

Port Hope now has the opportunity to demonstrate that an Ontario municipality can, in
turn, officially adopt the Declaration, preserve the integrity of its principles and
incorporate them into a concrete, progressive and democratic municipal process.

The path is legally accessible.
It is politically ambitious.

It can be taken today by any Ontario municipality wishing to place the protection of the
Tree at the heart of its long-term public action.

14. Official Sources and Reference Texts

Universal Declaration of Tree Rights and Municipal Adoption

Canadian and Ontario Law

Port Hope

Legal notice: This article presents the general principles of Ontario
municipal law and the institutional framework of the Universal Declaration of Tree
Rights. It does not constitute individualized legal advice. Each municipality is
encouraged to have its proposed resolution and contemplated implementation measures
reviewed by its municipal clerk, legal department or legal counsel.

Official institutional text

Issued by La Compagnie des Papillons Bleus

This article is an official institutional text of La Compagnie des Papillons Bleus, the French non-profit organization that officially represents, carries, safeguards and develops the Universal Declaration of Tree Rights and its international institutional framework.

It is published under the authority of its President and of the author and initiator of the Universal Declaration of Tree Rights.

Ricardo Rey

Author and initiator of the Universal Declaration of Tree Rights

Founder of the Assembly of the Tree

President of La Compagnie des Papillons Bleus

Official contact: presidence@ciedespapillonsbleus.org

Official website: www.declarationuniverselledesdroitsdelarbre.org

.