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The Corporation of the Township of Guelph/Eramosa
By-law Number 04/2025
A by-law to Regulate the Keeping of Domestic Poultry within
the Township of Guelph/Eramosa
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2002, c.25, as amended,
provides that powers of every Council are to be exercised by by-law unless specifically
authorized to do otherwise;
AND WHEREAS Section 8(3) of the Municipal Act, 2001 provides municipalities with the
broad authority to govern affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues;
AND WHEREAS Sections 11(1) and (2) of the Municipal Act, 2001, provides that a lower-
tier municipality may provide any services or thing that the Municipality considers
necessary or desirable for the public in respect to the economic, social and environmental
well-being of the municipality and the health, safety and well-being of persons;
AND WHEREAS Section 11(3) of the Municipal Act, 2001, provides that a lower-tier
municipality may pass by-laws respecting matters within the following spheres of
jurisdiction: animals;
AND WHEREAS the Council of the Corporation of the Township of Guelph/Eramosa
deems it expedient, necessary and in the public interest to regulate the keeping of
Domestic Poultry in accordance with the Township's Zoning By-law, as amended, for the
purpose of public health and safety.
NOW THEREFORE the Council of the Corporation of the Township of Guelph/Eramosa
enacts as follows:
1. DEFINITIONS
"Act" means the Municipal Act, 2001, S.O. c.25 as amended.
"At large" means bring outside a coop, run or enclosure.
"Chicken" being a domesticated female chicken.
"Clerk" means the Clerk of the Corporation of the Township of Guelph/Eramosa or their
designate.
"Coop" means a fully enclosed weatherproof and ventilated building where Domestic
Poultry are kept and which the interior of includes nest boxes for egg laying, perches for
the Domestic Poultry to sleep on, and food and water containers.
"Council" means the Council of the Corporation of the Township of Guelph/Eramosa.
"Domestic Poultry" means domesticated chickens, geese, ducks, and turkey.
"Duck" being a domesticated female duck.
"Dwelling" means one or more rooms in a building, designed as, or intended as, or
capable of being used or occupied as a single independent housekeeping unit and
containing living, sleeping, sanitary and food preparation facilities or facilities for the
installation of kitchen equipment and has an independent entrance. For the purpose of
this By-law, a dwelling unit does not include any commercial accommodation or a
recreational trailer.
"Keep" or "Kept" shall include harbouring or possessing for any period of time, whether
temporary or not;
"Occupant" means a lessee, tenant, mortgagee in possession or any other Person who
appears to have care and control of any property;
"Officer" means a Police Officer or an Animal Control Officer, a By-law Enforcement /
Municipal Law Enforcement Officer for the Township of Guelph/Eramosa, or anyone
working under his/her authority.
"Order" means an Order issued under this By-law.
"Outdoor Run" means an area enclosed by wire screen intended for permitting of
Domestic Poultry to be outdoors.
"Owner" means any person who keeps or harbours Domestic Poultry, and, where an
owner is a minor, includes the person who is responsible for the custody of the minor.
"Person" includes individuals, sole proprietorships, partnerships, corporations, trustees,
agents, or legal representatives.
"Property" means a parcel of land and any buildings or other structures on the land.
"Property Owner" means the registered owner(s) of a property within the Township of
Guelph/Eramosa.
"Rooster" means a male chicken.
"Slaughtering" means the killing of livestock for purposes that include the use of meat
for food.
"Tenant" means a person who rents or leases a dwelling from a landlord.
"Township" means the Corporation of the Township of Guelph/Eramosa.
"Yard" means the land around or adjoining the whole or any part of the residential
dwelling and generally refers to the front, back and side yard portions of a property.
"Zoning By-law" means a by-law passed under Section 34 of the Planning Act that
restricts the use of land in the Township of Guelph/Eramosa.
2. ADMINISTRATION
a) The Corporation of the Township of Guelph/Eramosa is responsible for the
administration and enforcement of this by-law.
b) The provisions of this By-law shall apply to the keeping of Domestic Poultry on any
property of less than 0.8 hectares (2 ac) in size within the boundaries of the
Township of Guelph/Eramosa.
3. GENERAL REGULATIONS
Every Owner of Domestic Poultry shall comply with the following regulations:
a) The Owner of the Domestic Poultry shall reside on the property where the
Domestic Poultry are kept.
b) If the Owner of Domestic Poultry is not the Owner of the property in which they are
kept, written permission from the property Owner must be obtained to keep
Domestic Poultry on the Owner's property.
c) An Owner of Domestic Poultry shall ensure that the Domestic Poultry are secured
and confined inside their coop between 9:00 p.m. and 7:00 a.m.
d) An Owner of Domestic Poultry shall ensure that the Domestic Poultry are kept in
an enclosed run when not in their coop.
e) Home slaughter of Domestic Poultry is prohibited, and any deceased animals shall
be disposed of immediately at a livestock disposal facility, through the services of
a veterinarian, or through a facility approved by the applicable provincial Ministry.
f) Sale of eggs, manure and other products associated with the keeping of Domestic
Poultry is prohibited.
g) An Owner of Domestic Poultry shall, ensure good husbandry practices where each
Domestic Poultry is provided with food, unfrozen water, shelter, adequate light,
ventilation, veterinary care, and opportunities to engage in essential behaviours
and socialize with their own kind.
h) It is understood that different ministries and organizations may update their
resource kits and factsheets from time to time. The onus is on the owner to ensure
that educational resources are reviewed frequently, including but not limited to:
i.
The Resource Kit titled "Keeping Your Birds Healthy" distributed by the
Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA);
ii.
The OMAFRA Factsheet titled "Biosecurity Recommendations for Small
Flock Poultry Owners";
iii.
The OMAFRA Factsheet titled "Small Flock Poultry: Raising Healthy Birds";
iv.
The OMAFRA Factsheet titled "Rodent Control in Livestock and Poultry
Facilities";
v.
The Ministry of Health Factsheet titled "Keeping your family healthy with
backyard poultry, including chicks and ducklings".
4. PROPERTY REGULATIONS
a) No Person shall permit or cause to have Domestic Poultry unless the proposed
use conforms with the Township's Zoning By-law.
b) To have Domestic Poultry the property must be, at a minimum:
i) Zoned Agricultural (A) or Rural Residential (RR) under the Township's
Zoning By-law, as amended; and
ii) One (1) acre in size.
c) The property shall conform to all applicable law, including but not limited to the
Health Protection and Promotion Act, laws regarding animal cruelty, and the Fire
Protection and Prevention Act.
5. DOMESTIC POULTRY REGULATIONS
Every Owner of Domestic Poultry shall comply with the following regulations:
a) An Owner of Domestic Poultry shall keep a maximum of ten (10) chickens, ducks,
geese, turkeys, or a combination thereof on each permitted property.
b) The keeping of roosters or male ducks as Domestic Poultry is strictly prohibited.
6. DOMESTIC POULTRY COOP REGULATIONS
Every Person shall comply with the following regulations:
a) No coop (including manure storage area) or outdoor run, shall be located within:
i.
An Intake Protection Zone - 1 (IPZ-1) or Well Head Protection Area (WHPA)
with a vulnerability score of 10, as defined by the Township's Source Water
Protection mapping;
ii.
A front yard or exterior side yard;
iii.
5 m of any dwelling;
iv.
3 m of any lot line;
v.
3 m of any structure;
vi.
3 m from and downgradient of any well location to avoid potential water
source contamination;
vii.
1.5 m of any private sewage system (including tile bed);
viii.
15 m of any lot line on which a school is located;
ix.
7.5 m from any church or business.
b) No Person shall keep, or cause to be kept more than one (1) coop and (1)
outdoor run.
c) All coops shall be:
i.
weatherproof structures or enclosures with ventilation;
ii.
built to prevent any rodent(s) from harbouring underneath or within its
walls;
iii.
built to prevent entrance by any other animal.
d) All coops shall include:
i.
At least one nest box for every 3 chickens, ducks, geese and turkey;
ii.
At least one perch giving 8 to 12 inches of space per chicken or turkey;
iii.
At least 0.37 m2 (4 ft2) of floor area for each chicken and duck;
iv.
At least 0.56 m2 (6 ft2) of floor area for each turkey;
v.
At least 0.74 m2 (8 ft2) of floor area for each goose;
vi.
At least 0.93 m2 (10 ft2) of roofed outdoor enclosure.
e) Coops shall not exceed 10 m2 in area.
f) Coops shall not exceed 2.43 m (8 ft) in height.
g) All coops shall be kept:
i.
in a clean and sanitary condition at all times;
ii.
free of vermin;
iii.
free of obnoxious smells and substances;
iv.
in a good state of repair.
h) All coops and outdoor runs shall be secured against the entry of predators.
7. DOMESTIC POULTRY STANDARDS
Every Person shall comply with the following regulations:
a) Domestic Poultry shall be provided with:
i.
food and clean water at all times;
ii.
shelter;
iii.
light and adequate ventilation;
iv.
veterinary care;
b) Food shall be kept in solid, rodent-proof and weatherproof containers. Uneaten
feed shall be removed in a timely manner.
c) Manure and other refuse resulting from the keeping of Domestic Poultry, shall be
stored in air-tight containers to prevent odours and disposed of in a manner that
does not create a public nuisance or health hazard.
d) No more than 0.085 m3 (3 ft3) of manure shall be stored on the property at any
given time.
e) All manure not used for composting or fertilizing shall be removed daily from the
Domestic Poultry coop and outdoor run.
f) All Domestic Poultry shall be kept securely in a coop or outdoor run at all times.
g) No Person shall permit or cause to be permitted Domestic Poultry to run at large.
h) All coops shall comply with the requirements of the Building Code Act and the
Township's Zoning By-law.
8. RIGHT OF ENTRY
a) Every Person who has Domestic Poultry shall allow, at any reasonable time, an
Officer or other authorized employee or agent of the Township to inspect the
property, to determine whether all requirements of this By- law are being complied
with.
b) No Person shall obstruct or hinder or attempt to obstruct or hinder an Officer or
other authorized employee or agent of the Township in the exercise of a power or
the performance of a duty under this By-law.
9. ORDERS
a) An Officer may issue an Order under this By-law to any person believed to be
contravening or have contravened any provision of this by-law.
b) No Person shall fail to obey an Order issued under this By-law.
c) An Order issued under this By-law is deemed final and binding and may not be
appealed.
10. SERVICE OF DOCUMENTS
a) Service of any document, including an order, under this By-law may be given in
writing in any of the following ways and is effective:
i.
when a copy is delivered to the Person to whom it is addressed;
ii.
on the 5th day after a copy is sent by regular or registered mail to the
Person's last known address;
iii.
by email to the last known email address of the person to whom service is
required to be made
iv.
by placing a placard containing the terms of the document or order in a
conspicuous place on the property to which the document or order relates
and shall be deemed to be sufficient service on the Owner
11. OFFENCE AND PENALTY PROVISIONS
a) Every person who contravenes any of the provisions of this by-law shall be guilty
of an offence and upon conviction is liable to a fine pursuant to the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
b) If this By-law is contravened and a conviction entered, the court in which the
conviction was entered or any Court of competent jurisdiction may, in addition to
any other remedy and to any penalty that is imposed, make an order prohibiting
the continuation or repetition of the offence by the person convicted.
12. SEVERABILITY
a) It is hereby declared that notwithstanding any section, subsections, clause,
paragraph or provision of the By-law or parts thereof, may be declared by a court
of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers
of Council to enact, such section or section or parts thereof shall be deemed to be
severable and shall not affect the validity or enforceability of any other provisions
of the By-law as a whole or part thereof and all other sections of the By-law shall
be deemed to be separate and independent therefrom and enacted as such.
b) Whenever any reference is made in this By-law to a statute of the Legislature of
the Province of Ontario, such reference shall be deemed to include all subsequent
amendments to such statute and all successor legislation to such statute.
13. SCHEDULES
The following schedules to this by-law form an integral part thereof:
Schedule 'A' - Part 1 Provincial Offences Act By-law 04-2025 - Domestic Poultry
14. ENACTMENT
a) This By-law comes into force and effect on the day that By-law 05-2025, being a
By-law to amend Township of Guelph/Eramosa Zoning By-law 40/2016, comes into
full force and effect.
PASSED
this 13th day of January, 2025.
TOWNSHIP OF GUELPH/ERAMOSA
PART 1 PROVINCIAL OFFENCES ACT BY-LAW 04-2025:
DOMESTIC POULTRY
A by-law to Regulate the Keeping of Domestic Poultry within the Township
of Guelph/Eramosa
Item
#
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or
Defining Offence
COLUMN 3
Set Fine
1 Keep Domestic Poultry without written permission
from the Owner
3(b)
$200.00
2 Fail to secure Domestic Poultry inside coops between
9:00 p.m. and 7:00 a.m.
3(c)
$200.00
3 Fail to keep Domestic Poultry in an enclosed run
3(d)
$200.00
4 Permit slaughtering of domestic poultry on property
3(e)
$200.00
5 Permit the sale of products derived from chickens
3(f)
$200.00
6 Keep more than ten 10 Domestic Poultry
5(a)
$200.00
7 Keep a rooster or male duck
5(b)
$200.00
8 Fail to comply with coop location setbacks
6(a)
$200.00
9 Permit more than one (1) coop or outdoor run on
property
6(b)
$200.00
10 Fail to weatherproof coop structures or enclosures
6(c)(i)
$200.00
11 Fail to prevent rodent(s) from harbouring underneath
coops
6(c)(ii)
$300.00
12 Fail to comply with permitted size of coop
6(e)
$200.00
13 Fail to comply with permitted height of coop
6(f)
$200.00
14 Fail to keep coop in a clean and sanitary condition
6(g)(i)
$300.00
15 Fail to keep coop free of vermin
6(g)(ii)
$300.00
16 Fail to keep coop free of obnoxious smells and
substances
6(g)(iii)
$300.00
17 Fail to keep coop in a good state of repair
6(g)(iv)
$300.00
18 Fail to provide Domestic Poultry with food and water
7(a)(i)
$400.00
19 Fail to provide Domestic Poultry with shelter
7(a)(ii)
$400.00
20 Fail to provide Domestic Poultry with light and
adequate ventilation
7(a)(iii)
$200.00
21 Fail to keep manure in fully enclosed container
7(c)
$300.00
22 Permit storage of manure over three (3) cubic feet
7(d)
$200.00
23 Fail to keep coop and/or outdoor run secure
7(f)
$200.00
24 Permit Domestic Poultry to run at large outside of the
property limits
7(g)
$200.00
25 Hinder or obstruct an Officer or authorized employee,
or agent of the Township
8(b)
$700.00
26 Fail to obey an Order
9(b)
$700.00
NOTE: The general penalty provision for the offences indicated above is Section 11(a)
of By-law no. 04-25, a certified copy of which has been filed.