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The Corporation of the Township of Brock
By-Law Number 2402-2012-PP
As Amended by By-Law Numbers 2429-2012-FI, 3190-2023 and 3290-2024
Being a By-Law to Prohibit and Regulate the Keeping of Certain Animals Within the Township of Brock
Whereas section 11(3) of the Municipal Act, 2001, S.O. 2001, as amended ("Municipal Act"),
authorizes the Township to pass by-laws respecting animals;
And Whereas section 8(3) of the Municipal Act confers the power upon a municipality to regulate and
prohibit respecting a matter, to provide for a system of licences, permits, approvals or registrations
respecting a matter, and to impose conditions as a requirement of obtaining, continuing to hold or
renew a licence, permit, approval or registration;
And Whereas section 151 of the Municipal Act authorizes the Township to provide for a system of
licences with respect to any business wholly or partly carried on within the Township;
And Whereas section 11(2) of the Municipal Act confers the power upon a municipalities to enact by-
laws to provide for the health and well-being of persons and for the protection of persons and property;
And Whereas section 103 of the Municipal Act permits the seizure and impounding of animals being at
large or trespassing contrary to the by-law and for the sale and impoundment of such animals;
And Whereas section 391 of the Municipal Act enables a municipality to pass a by-law imposing fees
or charges for services or activities provided or done by or on behalf of it;
Now Therefore the Council of the Corporation of the Township of Brock enacts as follows:
I.
Definitions
For the purposes of this by-law, the term:
(1)
"animal" means any member of the animal kingdom, other than a human.
(2)
"animal sanctuary" means a facility where animals are brought to live and be protected for the rest
of their lives. Animals living in the sanctuary shall not have been purchased nor shall they be sold,
traded, or used for animal testing.
(3)
"By-law Officer" means a person appointed by the Council as a Municipal Law Enforcement
Officer or a sworn officer of the Durham Regional Police Service.
(4)
"Chief Administrative Officer and Municipal Clerk" means the Chief Administrative Officer and
Municipal Clerk of the Township of Brock or his/her designate.
(5)
"Council" means the Council of the Corporation of the Township of Brock.
(6)
"dwelling house" shall mean a permanently affixed building occupied as the home, residence, or
living quarters for one or more families, but does not include a mobile home or trailer.
(7)
"free roaming" means a hen that is outside of a hen coop or a hen run.
(8)
"hen" means a domesticated female chicken that is at least four months old.
(9)
"hen coop" means a fully enclosed, locking, weatherproof structure where hens are kept and
which the interior includes nest boxes for egg laying, roosts for the hens to sleep on, food and
water containers.
(10) "hen owner" means any person who possesses, harbours or keeps a hen.
(11) "hen run" means a covered and secure enclosure that allows hen's access to an outdoor area.
(12) "licence" means a licence issued by the Township under the provisions of this by-law.
Page 2 of 8
(13) "livestock" means any domestic fowl (including chickens, ducks, turkeys, guinea fowl, etc.),
domestic rabbits (where more then three are kept), any member of the family equidae (includes
ponies, donkeys, mules, horses, zebras, asses and mules), any member the genus Bos (including
cows, steers, bulls, oxen) or other cattle (including goats, pigs, sheep, llamas, mink, emus,
ostrich) used or kept for agricultural purposes.
(14) "owner" means a person, or the person's authorized agent, who possesses, keeps or harbours
animals within the Township, and where the owner is a minor, the person responsible for the custody
of the minor.
(15) "OSPCA" - means The Ontario Society for the Prevention of Cruelty to Animals, including all OSPCA
Branches and affiliated societies such as the Durham Humane Society.
(16) "OSPCA Agent or Inspector" - means a person, persons or class of persons who is or are appointed
as an Inspector or Agent under the Ontario Society for the Prevention of Cruelty to Animals Act,
R.S.O 1990, as amended.
(17) "petting zoo" means a collection of domestic animals that children may pet and feed that are not
prohibited animals.
(18) "rooster" means a domesticated male chicken.
(19) "Township" means the municipal Corporation of the Township of Brock and/or the corporate limits
of the Township of Brock as the context requires.
(20) "venomous animal" means an animal having a gland or glands for secreting venom and able to inflict
a poisoned bite, sting, or wound.
(21) "wildlife" means any animal that is indigenous to North America, wild by nature or disposition, but
does not include the domestic ferret.
(22) "wildlife rehabilitator" means a place where wildlife that are injured or in distress are rehabilitated by a
person or persons authorized by the Ontario Ministry of Natural Resources or Canadian Wildlife
Services.
II.
Keeping of Livestock
1.
No person shall keep livestock within the Township except in accordance with the relevant
provisions of the comprehensive Zoning By-Law. Backyard Hens (chickens) shall also be permitted
within the Rural Residential (RR) and Hamlet Residential (HR) zones in accordance with the
provisions of this By-law. A rooster is not permitted in the RR and HR zones.
2.
A By-law Officer, or any person acting under the authority of the Pounds Act, R.S.O. 1990, as
amended, may impound or restrain any livestock running at large.
3.
In the event that such livestock running at large cannot be safely impounded, a By-law Officer, or any
person acting under the authority of the Pounds Act, R.S.O. 1990, as amended, may authorize the
tranquilizing or euthanasia of such livestock.
III.
Keeping of Wildlife
1.
No person shall, whether temporarily or permanently, keep, harbour, maintain, or possess wildlife.
2.
Notwithstanding section 1, no person shall keep wildlife unless the keeping of such wildlife is in
accordance with Provincial or Federal statutes or regulations.
3.
No person shall keep wildlife unless such animals are kept within an area zoned Rural (RU) in
accordance with the relevant provisions of the comprehensive Zoning By-law.
IV.
Keeping of Hens
1.
No person shall keep more than four (4) hens on a lot within the Rural Residential (RR) and the
Hamlet Residential (HR) Zones, or otherwise as permitted within the relevant provisions of the
Township's comprehensive Zoning By-law.
2.
No person shall keep a rooster on a lot within the Rural Residential (RR) and the Hamlet
Residential (HR) Zones.
Page 3 of 8
3.
Every person keeping hens shall comply with the following:
a) The hen owner must reside on the property where the hens are kept.
b) Hen coops and hen runs shall only be permitted within the rear yard within the Rural
Residential (RR) and the Hamlet Residential (HR) Zones.
c) Hen coops and hen runs shall be maintained in a sanitary condition and the coop shall be
kept free of obnoxious odours, substances, and vermin.
d) Every hen owner shall ensure that the hen coop and hen run is located a minimum of
three (3) metres from any dwelling, shop, or apartment building, and a minimum of two (2)
metres from any property line.
e) Hens must be kept in a locked hen coop from 9:00 p.m. to 6:00 a.m. Hens shall be
confined to an enclosed hen coop or hen run at all times. The free roaming of hens on the
property is prohibited.
f) Hens must be at least 4 months old when acquired.
g) The sale of eggs, manure and other products associated with the keeping of hens is
prohibited.
h) Stored manure shall be kept in an enclosed structure or container such as a compost bin,
stored a minimum of one (1) metre from any property line and no more than three (3)
cubic feet of manure shall be stored at any one time. All other manure not used for
composting or fertilizing shall be removed.
i) Maximum of one (1) hen coop, and one (1) hen run shall be permitted per lot.
j) A hen coop and hen run shall have a maximum ground floor area of 9.0 m².
k) A hen coop shall be at least 0.37 m² of floor area per hen, along with a minimum of 0.93
m² per hen for the hen run.
l) A hen coop and hen run shall not exceed 3 metres in height.
m) Home slaughter of hens is prohibited on a lot within the Rural Residential (RR) and the
Hamlet Residential (HR) Zones.
n) Deceased hens shall be disposed of at a livestock disposal facility or through the services
of a veterinarian.
o) A hen coop shall have adequate ventilation and shall be weather and predator proof.
p) Hens shall be provided with appropriate food, water, space and environmental conditions
conducive to good health and the opportunity to socialize and engage in fundamental
behaviours such as scratching, roosting and dust bathing.
q) Feeders and water containers shall be provided and cleaned regularly and disinfected.
r) Feed shall be stored in rodent proof containers and secured at all times, to prevent
rodents and other animals from accessing it.
s) Notwithstanding any other policy, a hen coop and hen run shall meet all other
requirements for an accessory structure as outlined in the Town's Zoning By-law.
4.
No licence is required for the keeping of hens.
V.
Keeping of Certain Animals Prohibited
1.
No person shall, whether temporarily or permanently, keep, harbour, maintain, or possess any
prohibited animal in accordance with Schedule "A" attached hereto.
2.
The provisions of this section shall not apply to:
(a)
Any facility owned or operated by the Township of Brock;
Page 4 of 8
(b)
any recognized OSPCA or Humane Society facility;
(c)
the premises of an accredited veterinary hospital under the care of a veterinarian licensed to
practice in the Province of Ontario;
(d)
with the exception of venomous animals, a permanent premise or facility accredited by the
Canadian Association of Zoos and Aquaria (CAZA) or a temporary exhibit or show
conducted by a CAZA accredited institution for the purpose of education, provided that such
exhibit or show is limited to three days at any one location and animals are only present
during the educational component;
(e)
with the exception of venomous animals, where professionally produced films or television
shows require the use of prohibited animals, provided there is supervision by inspectors and
agents of the OSPCA;
(f)
premises registered as research facilities pursuant to the Animals for Research Act, R.S.O.
1990, as amended;
3.
Notwithstanding section 1, a person may keep a prohibited animal listed in Schedule "A", attached
hereto, pursuant to the issuance of a license from the Township in accordance with the provisions
of this by-law.
VI.
License for Keeping of Certain Prohibited Animals
1.
No person shall temporarily or permanently, keep, harbour, maintain or possess a prohibited
animal without first obtaining a licence.
2.
For the purposes of this by-law, Council shall be the licensing authority, and decisions of Council
shall be final and binding.
3.
An application for a prohibited animal license shall be submitted on a form provided and designed for
that purpose.
4.
Payment of the sum of one half of the applicable fee shall be payable upon submitting an
application, the sum of which shall be applied to the license fee as set out in accordance with the
"Fees By-law" as amended from time to time.
5.
Every owner of a facility licensed under this by-law shall, before the 1st day of November in each
year, apply to have their license renewed.
6.
Every license issued in accordance with this by-law shall expire on the 31st day of December in
the year in respect of which it was issued.
7.
Council shall have regard to the following criteria when determining whether to issue a license to
keep prohibited animal(s):
(a)
that the location where the animal is to be kept is constructed and maintained to the
satisfaction of the Township and the OSPCA;
(b)
whether keeping the prohibited animal could pose a risk to the health and safety of residents
or other wildlife and animals within the Township;
(c)
whether the applicant has demonstrated the ability to provide suitable and adequate care for
the prohibited animal;
(d)
whether the applicant has alternate housing available in the event the license is revoked or
when the owner no longer desires to keep the prohibited animal;
(e)
whether the applicant resides in an area of the Township that is zoned within the Rural (RU)
Zone category of the comprehensive Zoning by-law;
(f)
whether the applicant resides on the property where the animal(s) is kept;
(g)
whether the applicant has demonstrated they operate as an animal sanctuary;
(h)
the class, type, and number of prohibited animals being kept; and,
(i)
such other matters as may be deemed necessary.
Page 5 of 8
8.
Upon consideration of an application, Council may;
(a)
deny the issuance of a license;
(b)
issue a license; or
(c)
issue a license subject to any conditions that Council deems appropriate.
VII. License Revocation
1.
Council, upon a recommendation of the Chief Administrative Officer and Municipal Clerk, may
revoke a license where there are reasonable grounds to believe that:
(a)
the keeping of the prohibited animal by the licensee has or will breach this by-law or any
other applicable law or regulations, specifically the requirements listed under Article V of this
by-law;
(b)
the keeping of the prohibited animal has or will create a public nuisance;
(c)
the keeping of the prohibited animal has or will infringe the rights or endanger the health or
safety of other members of the public; or
(d)
where the fees and documents for a license or renewal have not been received.
2.
Where the Council revokes a license, the owner shall be notified in writing.
3.
Where an owner has been served with a written notice pursuant to this section, he or she may
appeal the decision in writing within fourteen (14) days.
(a)
The fees payable for a licensing appeal shall be payable at the time of filing a notice of
appeal and shall be in accordance with the "Fees By-Law " as amended from time to time.
4.
Upon receipt of an appeal, the matter shall be referred to Council.
5.
The Chief Administrative Officer and Municipal Clerk shall notify the applicant in writing of the
meeting of Council upon which the appeal will be heard. Where an applicant fails to attend such
meeting, Council may proceed with the hearing of the appeal in their absence.
6.
The Chief Administrative Officer and Municipal Clerk shall notify the owner of Council's decision in
writing within 14 days of the decision being made.
VIII. Order to Discontinue Activity
1.
A By-law Officer may issue an Order requiring any person to discontinue a contravention of this
By-law.
2.
An Order under this section shall identify:
(a)
the location of the Property on which the contravention occurred;
(b)
reasonable particulars of the contravention of the By-law; and,
(c)
the date by which there must be compliance with the Order.
3.
An Order under this section may be given orally or in writing and if in writing, may be served
personally on the person to whom it is directed or sent by registered or regular mail to the last
known address of that person. If the Order is delivered by mail to the last known address of that
person, it shall be deemed to have been received on the third (3rd) day after it is mailed. An
affidavit of service shall be admissible as evidence in any proceeding as proof of service of
mailing of the Order.
IX.
Powers of Entry and Inspection
1.
By-law Officers and individuals acting under their direction may, at any reasonable time,
or at any time when a contravention is occurring or alleged to be occurring, enter onto any
property to determine if the provisions of this By-law are being complied with and may
enter onto any property to carry out any remedial actions required to bring the property
into conformity with the By-law.
Page 6 of 8
X.
Work Orders
1.
Where a person contravenes this By-law, a By-law Officer may issue a Work Order to the
person or the owner of the property where the contravention occurred, directing them to
do the work set out in the Work Order to correct the contravention. The person or owner
shall comply with the Work Order within the time specified in the Work Order.
2.
The Order shall set out the:
(a) reasonable particulars of the contravention adequate to identify the contravention on
which the contravention occurred; and
(b) work to be done and the date by which the work must be done.
3.
An Order under this section may be given orally or in writing and if in writing, may be
served personally on the person to whom it is directed or sent by regular mail to the last
known address of that person. If the Order is delivered by regular mail to the last known
address of that person, it shall be deemed to have been received on the third (3rd) day
after it is mailed. An affidavit of service shall be admissible in evidence in any proceeding
as proof of service of mailing of the Order.
4.
The Township may recover the remedial action and enforcement cost incurred under
Subsection 1 of this By-law by legal action and/or by adding them to the tax roll and
collecting them in the same manner as property taxes in accordance with Section 446 of
the Municipal Act.
XI.
Penalties
1.
Every person who contravenes or fails to comply with any of the provisions of this by-law
is guilty of an offence, and pursuant to Section 429 of the Municipal Act, 2001, is liable to
a maximum penalty of $10,000.00 (ten thousand) dollars and a minimum penalty of not
less than $350.00 (three hundred and fifty) dollars.
2.
Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O.
1990, Chapter P.33, as amended, pay a set fine, and the Chief Judge of the Ontario
Court of Justice shall be requested to establish set fines as set out in Schedule 'B'.
3.
If a person is convicted of an offence under this By-law, in addition to any other remedy or
any penalty imposed, the court in which the conviction has been entered, and any court of
competent jurisdiction, may make an order:
(a) prohibiting the continuation or repetition of the offence by the person convicted
(b) requiring the person convicted to correct the contravention in the manner and within
the period that the court considers appropriate
4.
Nothing in this By-law limits the Township's right or ability to enforce this By-law by any
other and all legal means.
5.
Schedule 'B' shall not come into force and effect until approved and filed by the Regional
Senior Justice, pursuant to Provincial Offences Act Part 1. A copy of this approval shall
be attached and form part of this By-law.
XII. Administration
1.
Every person who contravenes any of the provisions of this By-law, or who obstructs or attempts
to obstruct a By-law Officer or an employee or agent of the Township in carrying out his or her
duties under the by-law is guilty of an offence and is liable, upon conviction to a maximum fine as
established pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
2.
Schedule "A" attached hereto forms part of this by-law.
3.
If a court of competent jurisdiction should declare any section or part of a section of this by-law to
be invalid, such section or part of the section shall not be construed as having persuaded or
having influenced Council to pass the remainder of the by-law, and it is hereby declared that the
remainder of the by-law shall be valid and shall remain in force.
4.
This By-law shall be referred to as the "Exotic Animal By-Law"
This document is available in alternate formats upon request.
Please contact the Clerk's Department at 705-432-2355.
1.
This by-law shall come into force and effect on the date of passing.
By-Law 2402-2012-PP Read a First, Second and Third Time and Finally Passed This 6th Day of
February, 2012.
Thomas G. Gettinby
W. Terry Clayton
Clerk
Mayor
By-Law 2429-2012-FI Read a First, Second and Third Time and Finally Passed This 17th Day of
September, 2012.
Thomas G. Gettinby
W. Terry Clayton
Clerk
Mayor
By-Law 3190-2023 Read a First, Second and Third Time and Finally Passed This 23rd Day of
May, 2023.
Fernando Lamanna
Walter Schummer
Clerk/Deputy CAO
Mayor
By-Law 3290-2024 Read a First, Second and Third Time and Finally Passed This 21st day of
October, 2024.
Fernando Lamanna
Walter Schummer
Clerk/Deputy CAO
Mayor
Page 8 of 8
Schedule "A" - Prohibited Animals in the Township of Brock
Set in the following tables are the prohibited classes or categories of animals with specific exceptions
provided for each class or category. A class represents the ordering of organisms into groups based
on their relationships.
Class
Restricted
Exception
Mammalia
(Mammals)
All
Domestic dogs, cats, chinchillas, degus, hamsters,
mice, rabbits, rats, and sugar gliders.
Domestic livestock such as goats, sheep, cattle,
llamas, pigs, and horses that are kept on property in
a rural zone.
Class
Restricted
Exception
Reptilia
(Reptiles)
All
Constricting and non-venomous Serpents (snakes)
that are less than two (2) meters in length.
Non-venomus lizards that reach and adult length of
less than two (2) meters from snout to tip of tail.
Testudines (tortoises and turtles) order that are not
of the snapping variety.
Class
Restricted
Exception
Amphibia
(Amphibians)
All
Non-venomous Anura (frogs and toads) and
Caudate (salamanders and newts).
Class
Restricted
Exception
Aves (Birds)
All
Orders of birds held as livestock on property in a
rural zone such as, but not limited to, Anseriformes
(ducks, geese and swans) Galliformes (chickens,
turkeys, domestic fowl and game birds), and
Struthioniformes (emus and ostriches).
Orders of birds kept as household pets including
Columbiformes (pigeons and doves), Passeriformes
(perching birds and song birds), and Psittaciformes
(parrots).
The keeping of backyard hens (chickens) shall also
be permitted within the Rural Residential (RR) and
Hamlet Residential (HR) Zones.
Class
Restricted
Exception
Insecta
(Insects)
All
All non-venomous insects including non-venomous
Arachnida (spiders) and Chilopoda (centipedes).
Apoidea of the honeybee variety.
Category
Restricted
Exception
Salt and Fresh
Water Organisms
All Venemous
Vertibrates and
Invertibrates
Schedule "B"
The Corporation of the Township of Brock
PART I PROVINCIAL OFFENCES ACT
By-Law Number 2402-2012-PP, as Amended by By-Law 2429-2012-FI, 3190-2023 and
3290-2024
"Exotic Animals By-law"
Item
Column 1
Short Form Wording
Column 2
Provision Creating
or Defining Offence
Column 3
Set Fine
1
Kept livestock in contravention of the
comprehensive Zoning By-law
II(1)
$350
2
Temporarily or permanently kept, harboured,
maintained or possessed wildlife
III(1)
$350
3
Kept more than four (4) hens
IV(1)
$350
4
Kept Rooster
IV(2)
$350
5
Fail to comply with hen keeping requirements
IV(3)
$350
6
Temporarily or permanently kept, harboured,
maintained or possessed a prohibited animal
without a license
VI(2)
$350
NOTE: the general penalty provision for the offences listed above is section
XI(2) of By-law Number 2402-2012-PP, as amended, a certified copy of which
has been filed