(Photo by Lorraine Johnson, October 3, 2023)
The Violation Notice for the native plant garden in the photo above.
The native plant garden in the photo above received a Violation Notice from a Toronto bylaw officer on October 1, 2023. The following are direct quotes, captured on a security camera, from the conversation between the gardener’s son and the bylaw officer. (The full conversation is roughly 5 minutes and includes a bit more of the same.)
Bylaw Officer: “I want you to cut the grass and weeds.”
Gardener’s son: “It’s not weeds. This is a native plant garden, no weeds anywhere. This is all Ontario native plants.”
Bylaw Officer: “Well, you have to clean it underneath.”
Gardener’s son: “Underneath? What’s wrong with this?”
Bylaw Officer: “It’s weeds.”
Gardener’s son: “No weeds! This is strawberries.”
Bylaw Officer: “This is not the way…”
Gardener’s son: “What do you mean? None of this is weeds.”
Bylaw Officer: “Unless you have proof…documentation that you are allowed to have this, you have to clean it out [in] 10 days.”
Gardener’s son: “All of it?!”
Bylaw Officer: “Yes”
Gardener’s son: “How high?”
Bylaw Officer: “20 centimetres. Everything should be down. When you cut it down to 20 centimetres, take pictures and send them to my email.”
Gardener’s son: “What does the law say? If this is a native plant garden, is it okay?”
Bylaw Officer: “No, unless you have documentation that this is a native plant garden and you are allowed to have it, you have to clear it to 20 centimetres.”
Gardener’s son: “What are the Prohibited Plants? How is it prohibited if it’s all native plants? I’m confused.”
Bylaw Officer: “I don’t know. I’m not an expert.”
Gardener’s son: “What about the trees and shrubs?”
Bylaw Officer: “This tree we can allow, but you have to clean underneath. All this should go.”
(Photo by Lorraine Johnson, October 2, 2023)
(Photo by Lorraine Johnson, October 3, 2023)
[It’s important to note that Toronto’s Turfgrass and Prohibited Plants bylaw lists 10 Prohibited Plants and does not include a provision regarding “documentation” or “approval” of gardens, whether native plant gardens or any other kind of garden.]
[I also want to stress that my intention is not to target or belittle this individual bylaw officer. There is a systemic problem and it needs to be addressed at a policy level. The exchange quoted above is a symptom of a broken system that will only change if we advocate for policy changes around bylaw enforcement.] For more info on advocacy, visit the Ecological Design Lab’s website section on Bylaws for Biodiversity: https://ecologicaldesignlab.ca/project/by-laws-for-biodiversity/
