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BY-LAW NUMBER 14-25
-OF-
THE CORPORATION OF THE COUNTY OF
BRANT
A By-Law to regulate the keeping of Backyard Hens in Non-Urban Residential Zones.
WHEREAS Section 5(3) of the Municipal Act, 2001, S. 0. 2001, c.25, as amended (the
"Act"), provides that municipal powers must be exercised by by-law; and
WHEREAS Section 8(1) of the Act grants broad authority to municipalities to govern
their affairs and address local issues; and
WHEREAS Section 8(3) of the Act allows by-laws under Section 10 to regulate, prohibit,
impose conditions, and require licenses, permits, or registrations; and
WHEREAS Section 10(2) of the Act authorizes municipalities to pass by-laws for
purposes including economic, social, and environmental well-being, health and
safety, protection of persons and property, and animals; and
WHEREAS Section 391(1) of the Act permits municipalities to impose fees or charges
for services, activities, or property use; and
WHEREAS Sections 425 and 429 of the Act establish that by-law contraventions
constitute offences and authorize fines; and
WHEREAS Section 436 of the Act allows municipalities to conduct inspections to
ensure compliance with by-laws, orders, or license conditions; and
WHEREAS Sections 444 and 445 of the Act authorize municipalities to issue orders to
discontinue or correct by-law contraventions; and
WHEREAS Section 446 of the Act permits municipalities to complete required work in
default and recover costs from the responsible party; and
WHEREAS the Council of the County of Brant deems it advisable to enact a by-law
to permit and regulate the keeping of backyard hens within the County;
NOW THEREFORE the Council of The Corporation of the County of Brant hereby
enacts as follows:
1.
TITLE
1.1
This by-law shall be known and cited as the "Backyard Hens By-law".
By-Law 14-25
Page 2
2.
SCOPE
2.1 This by-law shall regulate the number, location, size of living conditions,
maintenance, and disposal of waste related to Backyard Hens on
properties Zoned Non-Urban Residential within the County
2.2 All Backyard Hens and Backyard Hen Coops on private property shall be kept,
erected, and maintained in accordance with the provisions of this by-law.
3.
INTENT
3.1 The purpose of this by-law is to permit, regulate, and control the keeping of
Backyard Hens on properties zoned Non-Urban Residential, and specifically
authorize Backyard Hens and Backyard Hen Coops that:
a) are appropriate in size and location;
b) minimize adverse impacts on nearby public and private property; and
c) do not create a safety hazard or nuisance, including but not limited to,
impacts on abutting properties, businesses, schools, long-term care
facilities, and places of worship.
4.
DEFINITIONS
4.1
In this by-law,
"Abutting Property" means any parcel of land or lot that has a lot line or portion of
a lot line in common with the subject property, including a shared intersection of lot
lines.
"Animals" means any member of the animal kingdom, other than a human.
"Backyard Hen" means a domestic female egg laying chicken (Gallus gallus
domesticus) that is at least 4 months old.
"Backyard Hen Coop" means a Backyard Hen House and Backyard Hen Run.
"Backyard Hen House" means a fully enclosed, weatherproof structure, where
Backyard Hens are kept which includes, but is not limited to, nest boxes for laying eggs,
perches for Backyard Hens to roost on, and food and water containers.
"Backyard Hen Run" means a covered and secure enclosure that allows Backyard
Hens access to the outdoors from a Backyard Hen House.
"Business" means any structure, whether publicly owned or privately owned, that
exists or is adapted for occupancy for transaction of business but does not include
By-Law 14-25
Page 3
any home-based business, as defined in the County of Brant Comprehensive Zoning
By-law.
"Director" means the Director of Enforcement and Regulatory Services.
"Long-Term Care Facility" means a building designed and predominantly
occupied by senior citizens or medical patients and includes a nursing home,
hospitals, medical offices, medical clinics, and retirement homes.
"County" or "County of Brant" means The Corporation of the County of Brant and
includes the geographical area.
"Child Care Centre/Day Care/Home Child Care means the provision of temporary
care for or supervision of children as is further defined and regulated by the Child
Care and Early Years Act, 2014, S. O. 2014, c.11, Sched. 1, as may be amended
from time to time.
"Easement" Means any right, liberty, or privilege in, over, along or under a defined area
of land which the owner of the land, has granted to another party for specific use, right
or purpose, while retaining ownership of the said land. Such area of land may be legally
described in a registered deed for the provision of private use or unregistered.
"Exterior Side Yard" means the space abutting a public highway that extends
from the front yard to the rear yard between an interior side lot line and the
nearest point of the main building, not including a permitted projection.
"Front Yard" means the space paralleling the front lot line extending across the
full width of a lot between the front lot line and nearest part of any main building
on the lot, not including a permitted projection.
"Highway" means a common and public highway, including but not limited to a
street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any
part of which is intended for or used by the public for the passage of vehicles and
includes the area between the lateral property lines thereof.
"Interior Side Yard" means the space not abutting a highway that extends
from the front yard to the rear yard between an interior side lot line and the nearest
point of any main building, not including a permitted projection.
"License" means a license issued by the County pursuant to this by-law.
"Licensee" means a person to whom a license has been issued pursuant to this by-
law.
"Officer" means a person appointed by the County as a Municipal Law
Enforcement Officer or Animal Control Officer.
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Page 4
"Owner" means, with reference to Backyard Hens, any person who possesses, harbors
or keeps a Backyard Hen and, where an owner is a minor, includes the person who is
responsible for the custody of the minor; and means, with reference to property, the
individual(s), entities, or corporations holding title of a property.
"Person" includes an individual, association, organization, partnership, public
bodies, corporations, societies, and includes an agent or employee of any of
them in relation to the acts and things that they are capable of doing and owning,
respectively.
"Place of Worship" means a building used for public worship.
"Property" means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences, and erections and
includes vacant property thereon whether heretofore or hereafter erected;
"Rear Lot Line" means the lot line furthest from and opposite the front lot line, but if
there is no such line, that point furthest from and opposite the front lot line. If there
are two or more rear lot lines segments at different distances from the front lot line,
as in the case of an L-shaped lot, each segment shall be considered to be the rear
lot line for that portion of the front lot line directly opposite.
"Rear Yard" shall mean the space paralleling the rear lot line that extends
across the full width of the lot between a rear lot line and the nearest point of
the principal building not including a permitted projection.
"Residential Property" means, for the purpose of this by-law, any property that
is zoned Non-Urban Residential in the County's Comprehensive Zoning By-law,
as amended, and used as a domestic establishment in which one or more
persons usually sleep and prepare and serve meals, and includes any land or
buildings that are appurtenant to such establishment and all steps, walks,
driveways, parking spaces and fences or any fixtures or structures associated
with the building or its yard.
"Residential Tenants" means persons renting or leasing a property used or
intended to be used for residential purposes only.
"Rooster" means a male domestic chicken (Gallus gallus domesticus).
"School" means a public, separate or private educational establishment
operated by a Board of Education as defined in the Education Act.
"Veterinarian" means a veterinarian who is a Doctor of Animal Health, licensed
and trained in Ontario to provide medical and surgical care for Animals.
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Page 6
"Zoning By-law" means the County of Brant Comprehensive Zoning By-law, as
amended, or any successor thereto.
5.
ADMINSTRATION AND ENFORCEMENT
5.1
The municipality may appoint officers and other staff to carry out the
administration and enforcement of this by-law.
6.
GENERAL PROVISIONS
6.1
No person shall keep backyard hens unless in compliance with this By-law, the
Comprehensive Zoning By-law, and any other by-law that may be applicable.
6.2
No person shall keep more than four (4) backyard hens on a residential property.
6.3
No person shall keep backyard hen(s) on a residential property unless they
hold a valid license issued by the County in accordance with this by-law.
6.4
No person shall keep backyard hens on a residential property without a backyard
hen coop.
6.5
No residential tenant shall keep backyard hens without first obtaining written
permission from the property owner to keep backyard hens on the owner's
property.
6.6
No person shall keep backyard hens on any property unless they reside on the
property where the backyard hens are kept, except where a residential tenant
has permission from a property owner for the keeping of backyard hens in
accordance with Section 6.5.
6.7
No person shall,
a) keep a rooster on a residential property;
b) keep any hen that is determined to be under four (4) months old.
6.8
No person shall sell eggs, chicken by-products, food made with chicken
by- products, manure, or other products associated with the keeping of
backyard hens.
6.9
Every backyard hen owner shall ensure that backyard hens are provided
with feed and clean water at all times. Feed and water shall be kept in solid
containers.
6.10
Every backyard hen owner shall ensure that backyard hens are kept in
accordance with the biosecurity procedures recommended by the Canadian
Food Inspection Agency's "Basic Biosecurity Principles for Poultry'' and
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Page 7
"Biosecurity for small flock and pet bird owners", each as amended from time to
time.
6.11
All backyard hen owners shall be registered with the Chicken Farmers
of Ontario.
6.12
Every backyard hen owner shall ensure that backyard hens are always kept
securely in a backyard hen coop.
6.13
Every property owner shall ensure that all lands and premises where
backyard hens are kept are maintained in a sanitary condition at all times and
all cleanings from the said birds and premises shall be disposed of in a
manner that will not create a public nuisance or health hazard and in
accordance with the provisions of the Health Protection and Promotion Act,
R.S.O., 1990, c.H.7, as amended, and regulations pursuant thereto.
6.14
No person shall fail to comply with an order.
7.
BACKYARD HEN COOPS AND HEN HOUSES
7.1 No person shall have a backyard hen coop:
a) Located in any front or exterior side yard.
b) That is less than 2.44 metres (8 feet) from the rear lot line and less than
2.44 metres (8 feet) from the interior side yard lot line of the lot on which
the backyard hen coop is located.
c) That is less than 15.0 metres (50 feet) from any school.
d) That is less than 7.5 metres (25 feet) from any place of worship or
business.
e) That is less than 3.0 metres (10 feet) from all windows and doors of
dwellings that are located on an abutting property.
f) That is less than 30.0 metres (100 feet) from any long-term care facility or
child care facility.
g) That has a total floor area that exceeds 10.0 square metres (108 ft²).
h) That exceeds 2.0 metres (6.5 feet) in height.
i) On a residential property unless the lot size is 1000 square metres,
(10,764 ft2) or greater.
j) That is located within an easement.
k) That is located within 15.0 metres of a drilled well with more than 6.0
metres of casing below ground level or that is located within 30.0
metres of a non-drilled well or drilled well with less than 6.0 metres of
casing below ground level in accordance with the Ontario Water
Resources Act R.R.O. 1990, Ontario Regulation 903 Wells.
7.2 Every licensee shall ensure that a backyard hen coop is fully enclosed on all sides
and from above (i.e. fencing, chicken wire, roof covering). All backyard hen coops
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Page 8
are to be constructed to prevent the backyard hens' escape and prevent
entry by intruders/predators.
7.3 Every licensee shall ensure that a backyard hen house is designed to provide
backyard hens with a draft-proof, dry, and insulated environment.
7.4 No person shall have a backyard hen coop or keep backyard hens on a
residential property unless it has a legally existing single detached dwelling, in
accordance with the Comprehensive Zoning Bylaw.
7.5 No person shall keep backyard hens between 9:00 p.m. of one day until 6:00
a.m. of the next day unless secured in a Backyard Hen House.
8.
MANURE
8.1 No person shall use or store manure except as follows:
a) A maximum of 0.08 cubic metres (3 cubic feet) of manure can be
stored in an airtight container on the property.
b) The manure storage and the backyard hen house cannot exceed a
total area of 10 square metres (353 square feet).
c) Small amounts of manure may be worked into the soil as
soil amendments.
d) All other unused manure exceeding the maximum total area
outlined in Section 8.1(b) must be removed in accordance with
the County's Waste Collection By-law, as amended, or any
successor thereto.
e) That is located within 15.0 metres of a drilled well with more than 6.0
metres of casing below ground level or that is located within 30.0
metres of a non-drilled well or drilled well with less than 6.0 metres of
casing below ground level in accordance with the Ontario Water
Resources Act R.R.O. 1990, Ontario Regulation 903 Wells.
9.
SLAUGHTER AND DECEASED BACKYARD HENS
9.1 No person shall slaughter or permit the slaughtering of any backyard hen on the
property.
9.2 No person shall dispose of deceased backyard hens unless it is at a livestock
disposal facility or through the services of a Veterinarian or through a facility
as approved by the Ministry of Agriculture, Food and Rural Affairs and in
accordance with all laws.
10. LICENCES
By-Law 14-25
Page 8
10.1
No person shall operate a backyard hen coop on any residential
property within the County unless they have first obtained a backyard
hen license.
10.2
Licenses may be subject to conditions as determined by the County
or agent acting on behalf of the County.
10.3
The Director is hereby delegated to prescribe the requirements of
Schedule "A" necessary to implement this by-law and may amend such
Schedule from time to time as the Director deems necessary, without
amendments to this by-law.
10.4
Backyard hen license fees shall not be refunded whether a license is
issued or not. The license fee shall be in accordance with the County's
Fees & Charges By-law as amended.
10.5
A backyard hen license may be revoked when:
a) The applicant or licensee does not meet or no longer complies
with any individual requirement of this by-law;
b) The applicant or licensee has furnished false information or
misrepresents any fact or circumstance required pursuant to this
by-law;
c) The licensee fails to pay a fine imposed by a court or
administrative penalty for a contravention of this By-law; or
d) The licensee fails to meet any condition of the license.
10.6
As part of the application process, the agencies or individuals to whom
the application is circulated by the County may require and conduct an
inspection of the property and any backyard hen coop on the applicant's
property at any reasonable time without a warrant.
10.7
A backyard hen license shall not be transferred from one person to another
or from one property to another.
11.
ENFORCEMENT
11.1
Every person shall surrender a backyard hen license for reasonable
inspection upon the demand of an officer.
11.2
An officer may, upon producing proper identification if requested, enter
upon any property at any reasonable time without a warrant for the
purpose of inspecting the property to determine:
a) whether the property, backyard hen coop or the keeping of backyard
hens conforms with the standards prescribed in this by-law; or
b) whether an order issued under this by-law has been complied with.
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Page 10
11.3
For the purposes of an inspection under this by-law, an officer may:
a) require the production of documents or things relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c) require information from any person concerning a matter related
to the inspection including their name and address; and
d) along or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
11.4 If a sample is taken under subsection 11.3(d) of this by-law:
a) the sample shall be divided into two parts, and one part shall be
delivered to the person from whom the sample is taken, if the person
so requests at the time the sample is taken and provides the necessary
facilities, or
b) the sample has not been divided into two parts, a copy of any report
on the sample shall be given to the person from whom the sample
was taken.
11.5 A receipt shall be provided for any document or thing removed under
subsection 11.3(b) of this by-law and the document or thing shall be promptly
returned after the copies or extracts are made.
11.6 Copies of extracts from documents and things removed under this section and
certified as being true copies of or extracts from the originals by the person
who made them are admissible in evidence to the same extent as, and have
the same evidentiary value, as the originals.
11.7 Where a backyard hen coop is erected, or located, or backyard hens are kept
in contravention of this by-law, or the backyard hen coop or the keeping of
backyard hens constitutes a safety hazard or a concern in relation to this by-
law, an Officer may immediately seize and remove the backyard hens or
backyard hen coop, without notice or compensation.
11.8 An Officer who finds that a residential property, backyard hen coop, the
keeping of backyard hens, or a licensee does not conform with any of the
standards prescribed in this by-law, may make an order:
a) stating the municipal address or the legal description of the property;
b) giving reasonable particulars of the repairs to be made or conditions
that need to be rectified in order to come into compliance with this by-
law or that the backyard hen coop and backyard hens be removed
from the property; and
c) indicating the time for complying with the terms and conditions of the order
and giving notice that, if the repair or clearance is not carried out within
By-Law 14-25
Page 10
that time, the municipality may carry out the repair or clearance at the
owner's expense.
11.9 When an order under this by-law is not complied with within the time specified in
the order an Officer may remove the backyard hen coop and/or backyard hens
without notice or compensation.
a) For the purpose of a removal under this section, the Officer may be
assisted by any other person and the Officer and that person may
enter upon the property at any reasonable time without a warrant.
11.10 The cost incurred by the County of Brant in removing a backyard hen coop
and/or backyard hen(s) under this by-law is deemed to be municipal taxes
and may be added to the tax roll and collected in the same manner as
municipal taxes.
a) Despite the foregoing, the cost incurred by the County of Brant in
removing a backyard hen coop and/or backyard hen(s) under this
part of the by-law is a debt payable to the County of Brant and may
be recovered in any court of competent jurisdiction.
12.
SERVICE
12.1 An order issued under this by-law may be served personally or
served by sending it by prepaid registered mail to the last known
address of:
a) the person to whom the order is directed, and
b) the owner of the property upon which the backyard hen coop is
located or where the keeping of backyard hens is occurring if
different from the person named in the order.
12.2 Where the service of an order is made by registered mail, service shall
be deemed to have been effective on the fifth (5th) day after the order
is mailed.
12.3 An order is deemed to be sufficiently served when an Officer posts a copy of
the order either on the backyard hen coop in respect to which the order is
made, or on the property upon which the backyard hen coop is erected,
located, or displayed.
13. OFFENCES AND PENALTIES
13.1 Any person who contravenes or causes or permits any contravention of
any provision of this by-law is guilty of an offence and upon conviction,
is liable to a fine as provided for in the Provincial Offences Act.
By-Law 14-25
Pa ge 11
13.2 Every person who is guilty of an offence under this by-law shall be subject to
the following penalties:
a) upon a first conviction, to a fine not less than $100 and not more
than $50,000;
b) upon a second or subsequent conviction, to a fine not less than
$500 and not more than $100,000
c)
upon conviction for a continuing offence, to a fine of not less than
$100 and not more than $10,000 for each day or part of a day
that the offence continues. The total of the daily fines may
exceed $100,000;
d) upon conviction of a multiple offence, for each offence
included in the multiple offence, to a fine of not less than $100
and not more than $10,000. The total of all fines for each
included offence may exceed $100,000.
13.3 For the purposes of this by-law, an offence is a second or subsequent
offence if the act giving rise to the offence occurred after a conviction has
been entered at an earlier date for the same offence.
13.4 If an order has been issued under this by-law or by the court, and the
order has not been complied with, the contravention of the order shall
be deemed to be a continuing offence for each day or part of a day that
the order is not complied with.
13.5 In addition to the fines that may be imposed under subsection 13.2 of this by-
law, a special fine may be imposed in relation to a contravention and
conviction under section 6.8 of this by-law. The total amount of the special
fines may exceed $100,000. A special fine shall be calculated on the basis of:
a) a fine of not less than $50.00 and not more than $1,000 per egg
sold or .08 cubic metre of manure sold or kilogram of other product
resulting from the keeping of backyard hens.
13.6 In addition to any penalty imposed and any other remedy, the court in which
the conviction had been entered and any court of competent jurisdiction,
thereafter, may make an order:
a) Prohibiting the continuation or repetition of the violation by the
person convicted.
14. OBSTRUCTION
14.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under this by-law.
14.2 For greater clarity, any person who has been alleged to have contravened
any of the provisions of this by-law, shall identify themselves to the Officer
By-Law 14-25
Pa ge 12
upon request and failing to do so shall be deemed to be an act which
obstructs or hinders an Officer in the execution of their duties.
15. GENERAL
15.1 In this by-law, words in the singular include the plural and words in
the plural include the singular.
15 .2 Where a provision of this by-law conflicts with the provisions of another
by-law in force in the municipality, the provisions that establish the
higher standards to protect the health, safety, and welfare of the public
shall prevail.
15.3 This by-law includes the attached schedule "A" which is hereby
declared to form part of this by-law.
15.4 Should any section, subsection, clause or provision of this by-law be
declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of this by-law as a whole or any part thereof,
other than the part so declared to be invalid.
15.5 That this By-law shall come into force and take effect upon
passage of the amending Zoning By-Law.
READ a first and second time, this 25th day of February, 2025.
READ a third time and finally passed in Council, this 25th day of February, 2025.
THE CORPORATION OF THE COUNTY OF
BRANT
David Bailey, Mayor
Sunayana Katikapalli, Clerk