[CANUFNET] Authority for community-level enforcement on private property to control catastrophic pest or disease outbreaks

[Dan Bechard]

Hi Jeremy,

Here in Ontario, we have legislation such as the Forestry Act and the Invasive Species Act that enables 'officers' to inspect trees on private land for public interest.
Section 7, 8 and 9 of the Forestry Act deal with your question specifically.

Control measures

7 If, in the opinion of the Minister, the control of an infestation on any land is in the public interest, the Minister may direct an officer to enter upon the land and, at the expense of the Crown, take such measures to prevent, retard, suppress, eradicate or destroy the infestation as the officer considers advisable.  1998, c. 18, Sched. I, s. 21

Powers of entry

8 An officer, with or without the consent of the owner, may enter upon any land between sunrise and sunset to inspect the land and its trees and forest products for infestation and to survey and examine the timber and other natural resources on the land in order to determine the suitability of the land for forestry purposes.  1998, c. 18, Sched. I, s. 21.

Obstruction of officers

9 No person shall obstruct an officer in the performance of his or her duty.  1998, c. 18, Sched. I, s. 21.

As well, section 13 and 15 of the Invasive Species Act touches upon your question.

Prevention and response plans

13. (1) The Minister may cause a prevention and response plan to be prepared with respect to an invasive species.

Content of plans

(2) A prevention and response plan sets out measures, practices or recommended courses of action to deal with an invasive species, including,

(a) measures, including rapid response measures, to help prevent the invasive species from entering Ontario or a part of Ontario;

(b) practices to promote the early detection of the invasive species; and

(c) measures for the control or eradication of the invasive species.

Scope of plans

(3) A prevention and response plan may,

(a) apply to one or more invasive species; and

(b) apply to all of Ontario or a part of Ontario.

Other authorized persons

(4) A prevention and response plan may authorize a person or group of persons to carry out measures and practices set out in the plan in order to assist in the implementation of the plan, subject to such conditions as may be specified in the plan.



Inspectors, appointment

15. (1) The Minister may appoint a person or class of persons as inspectors for the purposes of this Act.

Entry on land during survey

(2) In the course of conducting a survey, an inspector may,

(a) enter any land at any reasonable time and be accompanied by any other person that the inspector authorizes; and

(b) authorize any person acting under his or her direction to enter any land, with or without the inspector, for the purpose of assisting in the survey.


In a previous position I was such an 'officer/inspector' for the eradication of Asian Long-horned Beetle (Anoplophora glabripennis) in Toronto. I can't recall if this was the exact legislation that was used to investigate potentially infested trees on private property within the regulated area, but I did have the authority to do so. Outreach and education was also used to help the cause.
In addition, there may be other legislation in your area specifically (Federal, provincial, municipal) associated with this.

Hope this helps,

Dan Bechard, R.P.F.


From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Jeremy Gye via CANUFNET
Sent: March-06-22 1:40 PM
To: canufnet at list.web.net
Cc: Jeremy Gye <jgye at shaw.ca>
Subject: [CANUFNET] Authority for community-level enforcement on private property to control catastrophic pest or disease outbreaks

Outbreaks of such serious threats as Dutch Elm Disease and Mountain Pine Beetle have affected many parts of our country and other threats of this type can be expected in the future.  I would like to know what members experience in managing these outbreaks has been with respect to intervening with residents on private property to address these threats.  Is there a legal basis or precedence for doing this as a regulatory or enforcement measure or are their limits or constraints on this type of intervention? Have other strategies (e.g. outreach and education) proved more effective?

Many thanks,

Jeremy Gye
Senior Consultant

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E:     jgye at gyeandassociates.ca<mailto:jgye at gyeandassociates.ca>
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