This is the exact embedded text of the captured official document.
Snapshot 0e92cca45910 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BEING A BYLAW OF THE TOWN OF NANTON, IN THE PROVINCE OF ALBERTA, TO REGULATE
THE KEEPING OF HENS WITHIN THE TOWN.
WHEREAS Pursuant to section 7 of the Municipal Government Act, RSA 2000, c M-36, and any
amending or succeeding legislation the Council of a municipality may pass bylaws for municipal purposes
respecting: the safety, health and welfare of people and the protection of people and property; wild and
domestic animals, and activities in relation to them; and the enforcement of bylaws; and
WHEREAS Pursuant to section 8 of the Municipal Government Act the Council of a municipality may, in a
bylaw, regulate or prohibit and to provide for a system of licences, permits and approvals;
NOW THEREFORE, COUNCIL OF THE TOWN OF NANTON, IN THE PROVINCE OF ALBERTA,
ENACTS AS FOLLOWS:
1.
PURPOSE:
The purpose of this Bylaw is to permit and regulate the keeping of hens within the corporate boundaries
of the Town of Nanton and to remain in compliance with both the parameters of this Bylaw and any
associated bylaws, provincial or federal enactments that may apply.
2.
2.1
2.2
a)
b)
c)
d)
e)
f)
INTERPRETATION:
This Bylaw will be cited as the "Urban Hen Regulation Bylaw".
Definitions
"Act" means the Municipal Government Act as amended from time to time;
"Adjoining Neighbours" means a site that is contiguous along a common property line. If the
subject site is located on a corner, an adjoining site includes a site that is adjacent across a rear
lane, but not across a street;
"Animal Health Act" means Statute of Alberta, 2007, Chapter A-40.2;
"Bee" means the insect Apis mellifera L., also known as honey bees;
"Bylaw" means a bylaw of the Town of Nanton and amendments thereto;
"CAO" means the person appointed to the position of Chief Administrative Officer by Council
pursuant to the Act;
Town of 'Nanton
BYLAW NUMBER: 1409/25
g)
h)
i)
j)
k)
I)
m)
n)
o)
p)
q)
r)
s)
3.
3.1
"Coop" means a fully enclosed weather proof structure and attached Outdoor Enclosure used for
the keeping of Urban Hens pursuant to any applicable accessory building or structure provisions
in Land Use Bylaw;
"Council" means the Mayor and the other members of the Council of the Town of Nanton as duly
elected from time to time pursuant to the provisions contained in the Local Authorities Election
Act;
"Hen" means a domesticated female chicken;
"Land Use Bylaw" means the most recent, approved bylaw that governs land use within the Town
of Nanton;
"Licence" means an Urban Hen Licence issued pursuant to this Bylaw authorizing the Licence
holder to keep Urban Hens on a specific property within a residential neighbourhood;
"Licensee" means the holder of a licence pursuant to this Bylaw;
"Outdoor Enclosure" means a securely enclosed, roofed outdoor area attached to and forming
part of a Coop having a bare earth or vegetated floor for Urban Hens to roam;
"Peace Officer" is as defined in the Provincial Offences Procedure Act, RSA 2000, c P-34, and
any amending or succeeding legislation;
"Pedestrian Walkway" means a path, trail or sidewalk for pedestrian circulation that cannot be
used for motorized vehicular use;
"Planning & Development Services" means a department of the Town of Nanton;
"Rooster" means a domesticated male chicken;
"Town" means the Town of Nanton;
"Urban Hen" means a Hen that is at least 16 weeks of age and is kept for non-commercial
purposes.
RESPONSIBILITIES OF LICENCE HOLDERS:
Urban Hen Licences
3.1.1
Urban Hen licensees must comply the Alberta Animal Health Act and any other
applicable standards adopted by the Province of Alberta.
3.1.2
Urban Hen owners on whose property hens are kept have a duty to take reasonable
measures to ensure that:
a)
The Coop and Hens that are kept in the Coop do not pose a safety risk to persons on
adjacent public or private property;
b)
The potential for damage to building and/or property located on adjacent public or
private property as a result of the keeping of Urban Hens is minimized;
c)
Required procedures are followed as outlined by the Canadian Food Inspection
Agency to reduce potential disease outbreak.
6
1
.
,
¥
Bylaw#
1408/25
Page 2 of 10
4.
4.1
4.2
4.3
4.4
4.5
3.1.3 Urban Hen owners must apply for a Town of Nanton Licence as per the process outlined
in the Urban Hen Licence Application.
GENERAL PROVISIONS:
Nothing contained within this Bylaw relieves a Person from complying with any other applicable
municipal, provincial or federal legislation, regulation or bylaw or any requirements of any
applicable permit, order, consent, agreement, or other direction.
Where this Bylaw refers to another Act, Regulation or agency, it includes reference to any Act,
Regulation or agency that may be substituted therefore.
In the event that any provision of this Bylaw is to any extent invalid or incapable of being
enforced, such provision shall be excluded to the extent of such invalidity or unenforceability; all
other terms and provisions shall remain in full force and effect.
Every provision of this Bylaw is independent of all other provisions, if any provision of this Bylaw
is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this
Bylaw shall remain valid and enforceable.
This Bylaw only applies to Coops located within the Town and those Coops shall be in
compliance with the Town of Nanton Land Use Bylaw with respect to:
a)
permitted uses for the Land Use District;
b)
any applicable accessory building setbacks;
c)
any applicable principal dwelling setbacks or other regulations.
4.6
The keeping of Urban Hens for the purposes of this Bylaw are for personal, non-commercial use
only.
4.7
Any person wanting to keep Urban Hens must obtain a Premises Identification (PIO) under the
Premises Identification Regulation (20012008) in the Alberta Animal Health Act.
4.8
No more than four (4) Hens can be kept on one (1) parcel of residential land that is under
0.3 acres or 1,214 square metres in area.
4.9
No more than six (6) Hens can be kept on one (1) parcel of residential land that is equal to or
greater than 0.3 acres or 1,214 square metres in area.
4.10
The keeping of Urban Hens in parks, reserve land, or on open spaces occupied or managed by
the Town is not permitted under this Bylaw, with the exception of land that is districted S-ASL
(Agricultural Society Lands).
4.11
A single parcel of residential property cannot be licensed for both Urban Hens and Urban Bees
together unless the site is equal to or greater than 0.3 acres or 1,214 square metres in area.
4.12
Licences issued under this Bylaw shall not be transferable from one person or property to
another.
$
Bylaw#
1408/25
Page 3 of 10
4.13
Pursuant to the Town Waste and Recycling Bylaw, as amended, animal waste, dead animals and
animal parts are prohibited from being set out for municipal waste collection and such actions are
subject to enforcement action under that regulation.
4.14
The maximum number of urban hen applications that may be approved in the Town shall be ten
(10) at any given time or one (1) license per two hundred and 10 (210) persons.
a)
If the Town reaches ten (10) active licenses, Council shall review this bylaw to determine if
amendments or changes are required.
5.
5.1
5.2
5.3
5.4
5.5
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
LICENCE REQUIREMENTS:
The fee for a Licence must be paid prior to approval and the applicable fee is identified in
Schedule 'A' attached hereto.
Each Urban Hen owner must take urban hen training from an accepted provider or provide written
evidence of equivalent experience.
An approved Licence can be suspended or revoked, without refund or compensation, at any time
by the CAO if it can be determined by a Peace Officer that there is non-compliance with this
Bylaw or the Licence Application.
a)
A Licensee with a revoked Licence can reapply for a new Licence but must show compliance
with all requirements and pay all applicable fees unless the fee(s) are waived by the CAO.
Licence applications that are denied may be reconsidered by the CAO, upon request of the
Licensee, within thirty (30) business days of the decision rendered by the Town.
A Licence can be applied for at any time of the year.
COOP REQUIRMENTS:
Only Hens will be allowed to be kept.
Roosters are prohibited.
Each Hen must be provided with food, water, shelter, light, ventilation, care, and opportunities for
essential behaviours such as scratching, dustbathing and roosting, all sufficient to maintain the
Hen in good health.
No Hen shall be slaughtered on the property.
Hens will be disposed of by delivering it to a farm, abattoir, veterinarian, or other operation that is
lawfully permitted to dispose of Hens.
Coops are restricted to rear yards with reasonable protection from access to other animals or
children and each Coop must provide each Hen with at least 0.37 m2 of interior floor area, and at
least 0.92 m2 of Outdoor Enclosure, within the Coop.
The Licensee must provide and maintain, in the Coop, at least one nest box per Coop and one
perch per Hen that is at least 15 cm long.
Bylaw #
1408/25
Page 4 of 10
6.8
A Licensee must keep each Hen in the Coop at all times.
6.9
The Coop must be maintained in good repair and sanitary condition, and free from vermin and
noxious or offensive smells and substances.
6.10
A Licensee must construct and maintain the Coop to prevent any rodent from harbouring
underneath or within it or within its walls, and to prevent entrance by any other animal.
7.
LICENCE APPLICATION AND INFORMATION:
7.1
Before the issuance of a licence pursuant to this part, the applicant or Licensee must submit to
the Town:
a) a completed Licence application form, as provided by the CAO;
b) the appropriate licence fee prescribed in Schedule 'A' attached to this bylaw and
c) any other additional information required by the Town, including, but not limited to:
i. the name, address, and contact information of the applicant or licensee;
ii. written permission from the registered property owner, if different, to install a Coop on
the property.
iii. a drawing that shows Coop location on the property, and associated setbacks if there
is no solid fence and/or the property is adjacent to a Pedestrian Walkway (if applicable);
iv. proof of success in training from an accepted organization or association;
v. proof of a Premises Identification (PIO) number pursuant to the Animal Health Act.
vi. plan for disposal of animal waste.
7.2
Notwithstanding Section 7.1, at the time of initial application for a Licence, the applicant must
submit to the Town either:
a) written support from all Adjoining Neighbours to the issuance of a Licence for Urban Hens; or
b)
evidence that all Adjoining Neighbours have been asked for their support or views by the
applicant and given reasonable time to respond or contact the Town if preferred.
7.3
Refusal by one or more Adjoining Neighbours to support an application will leave an application
approval or refusal at the discretion of the Chief Administrative Officer or designate, who may
choose to contact Adjoining Neighbours for additional information.
7.4
An Urban Hen application may be denied by the Chief Administrative Officer or designate if the
applicant:
a)
does not meet or no longer meets the requirements as set out in this
Bylaw;
b)
furnishes false information or misrepresents any fact or circumstance
required pursuant to this Bylaw;
Bylaw #
1408/25
Page 5 of 10
7.5
8.0
8.1
c)
has, in the opinion of the CAO, based on reasonable grounds, contravened any part of this
Bylaw whether or not the contravention has been prosecuted;
d) fails to pay a fine imposed by a Community Peace Officer or court for a contravention of this
Bylaw or any other applicable bylaw related to the keeping of livestock;
e)
fails to pay any fee required by this Bylaw or any other applicable
legislation; or
f)
in the opinion of the CAO, based on reasonable grounds, it is in the public interest
to do so.
The Town may refuse to issue a Licence or may revoke a Licence by providing written notice to
the applicant or licensee.
OFFENCES AND PENALTIES:
Any Person who contravenes any provision of this Bylaw by:
a) doing any act or thing which the Person is prohibited from doing; or
b) failing to do any act or thing which the Person is required to do;
is guilty of an offence.
8.2
Any Person who is convicted of an offence pursuant to the Bylaw is liable on summary conviction
to a fine not exceeding $10,000.00.
8.3
Where the CAO, an Officer or a Peace Officer has reason to believe that a person has
contravened any provision of this Bylaw, and that it is in the best interest of the Town to compel
the person to appear in front of a Provincial Court, he may direct a Peace Officer to commence
proceedings to issue a Part 2 Summons pursuant to the Provincial Offense Procedure Act of
Alberta.
8.4
Where the CAO, an Officer or a Peace Officer has reason to believe that a person has
contravened any provisions of this Bylaw, notice shall be served in accordance with the Municipal
Government Act allowing payment of the specified penalty, as specified per Schedule "B"
attached to this Bylaw, in lieu of prosecution for the offence.
8.5
Where a contravention of this Bylaw is of a continuing nature, further violation tickets may be
issued by a Peace Officer, provided that no more than one ticket shall be issued for each day that
the contravention continues.
8.6
This section shall not prevent any Peace Officer from issuing a violation ticket requiring a court
appearance of the defendant, pursuant to the provision of the Provincial Offences Procedures
Act.
8.7
The levying and payment of any fine in this Bylaw shall not relieve a Person from the necessity of
paying any fees, charges or costs for which that Person is liable under the provisions of this
Bylaw or any other bylaw of the Town of Nanton.
8.8
Where there is a specified penalty listed for an offence in Schedule "B" of this Bylaw, the amount
is the specified penalty for the offence.
8.9
Where any person contravenes the same provision of this Bylaw,
Bylaw#
1408/25
Page 6 of 10
(a) Twice within a twelve (12) month period, the specified penalty payable in respect of the
second contravention shall be double the amount provided for in Schedule "B" of this Bylaw;
or
(b) Three or more times within a twelve (12) month period, the specified penalty payable in
respect of the third or subsequent contravention shall be triple the amount provided for in
Schedule "B" of this Bylaw.
8.1 O
Licensees shall make themselves and their Coops available for inspection upon reasonable
request by a Peace Officer.
8.11
Subsequent to any inspection under section 8.10, the Town can compel a Licensee to take any
necessary disease and/or environmental mitigation measures if required.
9.
EFFECTIVE DATE AND READINGS
9.1
This Bylaw shall come into full force and effect upon final reading thereof.
9.2
This Bylaw repeals Bylaw #1341 /19 and any amendments thereto.
9.2
9.3
Read a first time this this__day of 1o44 ,2025.
TOWN OF NANTON
ICIAL
Read a second time this _
day of _404 ,2025.
TOWN OF NANTON
FICIAL
Bylaw#
1408/25
Page 7 of 10
9.4
Read a third time this _ day of Mak]
,2025.
TOWN OF NANTON
FFICIAL
e
«1
»
tw
Bylaw#
1408/25
Page 8 of 10
BYLAW# 1408/25 - SCHEDULE "A"
URBAN HENS
(GST not applicable)
-------------
-
-----
-------
---
- -
DESCRIPTION
FEE
Explanatory information
Application for an
Urban Hens License
$60.00 (one time)
Section 7 of Bylaw
Bylaw#
1408/25
Page 9 of 10
BYLAW#
1408/25 - SCHEDULE "B"
URBAN HENS
The specified penalties for any contravention of this Bylaw# /25 are specified for within a twelve (12)
month period, as follows:
First Offence:
Second Offence:
Third Offence:
$250.00
$500.00
$750.00
Bylaw#
1408/25
Page 10 of 10