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THE CORPORATION OF THE TOWN OF MONO
BYLAW NUMBER 2026 - 1
BEING A BYLAW TO REGULATE AND LICENCE THE KEEPING OF BACKYARD
CHICKENS IN OTHER THAN RURAL AREAS WITHIN THE TOWN OF MONO
WHEREAS Section 8 (3) of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Act")
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, section 11 (2) of the Act, provides that a municipality may pass a
by-law respecting the health, safety and well-being of persons;
AND WHEREAS, section 391 (1) of the Act authorizes a municipality to impose
fees and charges;
AND WHEREAS, section 391 (3) of the Act states that these fees or charges may
include costs incurred for administration and enforcement;
AND WHEREAS, section 398 of the Act states that fees and charges imposed by a
municipality on a person constitute a debt of the person to the municipality;
AND WHEREAS, sections 444 and 445 of the Act authorizes a municipality to make
orders to discontinue, or to correct, the contravention of a by-law;
AND WHEREAS, section 446 of the Act authorizes a municipality, in default of it
being done by the person directed or required to do so, it shall be done at the
person's expense;
AND WHEREAS the Council of the Corporation of the Town of Mono directed the
Planning, Environment and Natural Heritage Committee (PENHC) at their February
28, 2023, meeting to draft a policy for Council to utilize in making its determination
on passing a By-law to regulate and licence the keeping of backyard chickens;
AND WHEREAS at the May 28, 2024, meeting, Council reviewed the report from
the Planning, Environment and Natural Heritage Committee (PENHC), on backyard
chickens and provided direction to Council that included establishing a 4-year pilot
program.
NOW THEREFORE the Council of the Corporation of the Town of Mono ENACTS
AS FOLLOWS:
1. DEFINITIONS
"Annual Licence Cap" means the maximum number of Backyard
Page 2 of 14
Chicken Licences to be issued annually.
"At Large" means a Hen being outside of its Coop or Outdoor Run.
"Backyard Chickens" means the accessory keeping of hens for the
purpose of companionship as a pet or providing eggs for personal
consumption by occupants of a dwelling on the same lot and does not
include accessory livestock, or agricultural uses otherwise defined by the
Town of Mono Zoning By-law.
"Clerk" means the Clerk of the Town of Mono or their designate.
"Coop" means a fully enclosed weather proof and ventilated building
where hens are kept and which the interior of includes nest boxes for egg
laying, perches for hens to sleep on, and food and water containers.
"Council" means the Council of the Corporation of the Town of Mono.
"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.
"Hen" means a domesticated female chicken that is at least four months
old.
"Keep" or "Kept" or "Keeping" includes harbouring or possessing for any
period of time, whether temporary or not.
"Licence" means a Licence issued under this By-law.
"Officer" means a Police Officer or an Animal Control Officer, a Municipal
Law Enforcement Officer for the Town of Mono, or anyone working under
their authority.
"Outdoor Run" means an area enclosed by wire screen intended for
permitting a hen or hens to be outdoors.
"Person" means an individual, firm, corporation, business, association or
partnership.
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"Property" means a parcel of land zoned other than Rural (A) and any
building or other structures on the land.
"Property Owner" means the registered owner(s) of a property within the
Town of Mono.
"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 Property
Owner.
"Town" means the Corporation of the Town of Mono.
"Waitlist" means the list of applications received after the Annual Licence
Cap of issued Licences has been reached.
"Zoning By-law" means a By-law passed under section 34 of the
Planning Act, R.S.O. 1990, c. P.13 that restricts the use of land in the
Town of Mono.
2. GENERAL PROVISIONS
2.1
No Person shall keep or permit to be kept in the Town:
1) More than four (4) hens on a Property;
2) more than one Coop on a Property;
3) a Rooster on a Property.
2.2
No Person shall permit a Hen to be At Large on a Property.
2.3
No Person shall keep a Hen other than in accordance with this By-law.
3. APPLICATION FOR BACKYARD CHICKEN LICENCE
3.1
No Person shall keep Backyard Chickens on a Property unless that person
has submitted an application and received a Licence from the Town of Mono.
3.2
The applicant or Property Owner of the Backyard Chickens must reside on
the Property where the Backyard Chickens are kept.
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3.3
An application for such Licence must be signed by the applicant and/or
Property Owner and shall include, but is not limited to, the following
mandatory fields and declarations:
1) Applicant information including name, address (mailing and physical),
postal code, and telephone number and email address;
2) Property Owner's information including name, address (mailing and
physical), postal code, and telephone number and email address;
3) Site sketch/plan illustrating the location and size of the Coop and manure
storage area on the Property, complying with the Coop and Outdoor Run
regulations set out in the By-law;
4) Checklist of specific regulations contained in the By-law confirmed by the
applicant; and,
5) A declaration that the applicant:
a) Reviewed the Resource Kit titled "Small Flock Poultry: Raising Healthy
Birds" distributed by the Ontario Ministry of Agriculture, Food and Rural
Affairs (OMAFRA);
b) Reviewed the OMAFRA Factsheet titled "Biosecurity Recommendations
for Small Flock Poultry Owners";
c) Reviewed the OMAFRA Factsheet titled "Rodent Control in Livestock
and Poultry Facilities";
d) Reviewed the Ministry of Health Factsheet titled "Keeping your family
healthy with backyard poultry, including chicks and ducklings";
e) Will provide suitable housing and shelter for the Backyard Chickens in
their care and will maintain such housing in a clean and wholesome
state, having regard for Biosecurity Recommendations for Small Flock
Chicken owners;
f) Will provide the Backyard Chickens 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; and,
g) Will abide by the regulations contained within the Backyard Chickens
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By-law.
3.4 It is understood that different ministries and organizations may update their
resources kits and factsheets from time to time. Staff has the authorization to
make updates to the education packages applicants are to review as outlined
in Section 3.3, based on new information provided and/or recommended by
OMAFRA and the Ministry of Health.
3.5 Tenants must obtain written permission from the Property Owner to keep
Backyard Chickens on the owner's Property.
3.6 The applicant will provide to the Town proof of vaccination of the Backyard
Chickens to be kept on the Property within thirty (30) days of receiving
approval of the application/issuing of the Licence. The Town may revoke the
Licence if the applicant fails to submit proof of vaccination.
3.7 Every application for a Licence shall be submitted to the Town on the form
provided (application form or renewal form).
3.8 A Licence will be issued for every approved application upon receipt of
payment submitted in accordance with the annual Licence fee as outlined in
the Fees and Charges By-law.
3.8.1 Approved Licences that are not paid for within 30 days of their
approval will not be held or guaranteed issuance, based on Licence
availability.
3.9 The number of Licences issued shall not exceed Twenty-five (25) in any one
year and shall be referred to as the Annual Licence Cap. The Annual Licence
Cap includes Licence renewals.
3.10 Applications received after the Annual Licence Cap is reached will be added
to the Waitlist. Applicants will be notified in chronological sequence of their
submission upon Licence availability.
3.11 Every Licence issued shall expire on the 31st day of April the year following
the year in which it was issued. Licensees are required to apply to renew
their Licence annually to continue to keep Backyard Chickens.
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Initial Application
3.12 An initial application shall be submitted by all new applicants for any Property
proposing to receive a Licence, that includes the required documentation as
outlined in Section 3.3 of this By-law.
3.13 A change in occupancy or ownership of the Property shall make the
Backyard Chicken Licence null and void. The new occupant, Tenant or
Property Owner shall submit a new initial application, not a renewal
application.
Renewal Application
3.14 Holders of a current Licence may make application for a Licence renewal
subject to there being no changes to the information submitted for the initial
Licence, and payment of the prescribed fee.
3.15 The renewal application and prescribed Licence renewal fee shall be
submitted not less than 30 days prior to the expiry of the current Licence.
Failure to do so shall require the submission an initial Licence application
and prescribed fee and will be subject, among other things, to Licence
availability should there be a Waitlist.
3.16 Notwithstanding Section 3.12, approval of a Licence renewal is not
guaranteed. The application to renew a Licence must demonstrate the
Licence holder will continue to meet the regulations and standards required
for Licence approval.
General
3.17 Every application for a Licence will be reviewed to determine whether it
meets the requirements of this By-law.
3.17.1 Applications received after the Annual License Cap has been
reached, will be held on the Waitlist in the sequence received.
3.17.2 Upon Licence availability, Waitlisted applicants will be contacted in
the order their application was received. These applicants shall have
30 days to respond to the Town advising if they wish to proceed with
their application.
3.17.3 Waitlisted applicants who do not inform the Town of their intention to
proceed within 30 days shall be removed from the Waitlist and the
subsequent applicant contacted.
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3.17.4 When Waitlisted applicants are offered an available Licence, they
shall be required to affirm that the information on their application has
not changed. If the information has changed, they will be provided an
opportunity to resubmit an application within 30 days for
consideration.
3.18 The Town, as part of its review of an application, may require an inspection
of the Property.
3.19 If any time the Town determines that, as a result of evidence obtained or
provided, the keeping of Backyard Chicken does not conform to the
requirements of this By-law, may suspend or revoke the Licence.
3.20 The Licence holder shall as soon as practical inform the Town should the
circumstances change upon which the Licence was issued. On such
notification, the Town may require the Licence holder to submit additional
information, including but not limited to, a new site sketch/plan.
4. PROPERTY REGULATIONS
4.1
A Person is not eligible for a Backyard Chicken Licence or the renewal of
such Licence unless:
1) The use of the Property otherwise conforms with the Town's Zoning By-
law and zone provisions that apply to the Property;
2) The Licence holder and Property Owner are in compliance with all Town
By-laws and not in arrears to the Town.
3) The Property conforms to all applicable law, including the Health
Protection and Promotion Act, laws regarding animal cruelty, and the Fire
Protection and Prevention Act.
5. BACKYARD CHICKEN REGULATIONS
5.1
A maximum of four (4) Backyard Chickens shall be allowed on each
Licenced Property.
5.2
All Backyard Chickens shall be at least four (4) months old.
5.3
The keeping of roosters is prohibited.
5.4
All deceased Backyard Chickens shall be disposed of promptly in a sanitary
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manner.
5.5
The slaughtering of Backyard Chickens on the Property is prohibited.
5.6
The selling of eggs, manure, meat or other products derived from Backyard
Chickens is prohibited.
6. BACKYARD CHICKEN COOP REGULATIONS
6.1
No Coop (including manure storage area) or Outdoor Run, shall be located
within:
1) The Intake Protection Zone - 1 (IPZ-1) or Well Head Protection Area
(WHPA) with a vulnerability score of 10, as defined by either of the
Town's Source Water Protection Plans;
2) A front yard or exterior side yard;
3) 3 m of any dwelling;
4) 3 m of any lot line;
5) 1.5 m of any structure;
6) 3 m of a well;
7) 3 m of any private sewage system (including tile bed); and,
8) 15 m of any lot line on which a school is located.
General
6.3
A maximum of one (1) Coop and one (1) Outdoor Run shall be permitted per
Property. A Coop shall be:
1) A maximum ground floor area of 9.0 m²;
2) A minimum 0.37 m2 of floor area for each Hen;
3) A maximum height of 2.1 m;
4) Provide a covered Outdoor Run of a minimum 0.92 m2 per Hen and not
more than 2.1 m high;
6.4
The Coop and manure storage area, exclusive of the Outdoor Run, shall not
cumulatively exceed an area of 10 m2.
6.5
All Coops shall be a fully enclosed weatherproof structure or enclosed with
ventilation and a heat source, built to prevent any rodent(s) from harbouring
underneath or within its walls and to prevent entrance by any other animal.
The interior shall include:
Page 9 of 14
1) At least one nest box for egg laying;
2) At least one perch giving 0.3 m of space per hen;
3) At least one food and water container.
6.6
The Coop and Outdoor Run must be kept in a clean and sanitary condition at
all times, free of vermin, obnoxious smells and substances, and in good
repair.
6.7
The Coop and Outdoor Run shall be secured against the entry of predators.
6.8
Backyard Chickens must be provided with food and clean water at all times,
shelter, and ventilation to assist in keeping the Hens in good health. Food
and water shall be kept in solid, rodent proof and weatherproof containers.
Uneaten feed shall be removed in a timely manner.
6.9
All stored manure shall be covered by a fully enclosed container. No more
than three (3) cubic feet of manure shall be stored. All other manure not used
for composting or fertilizing shall be removed daily from the Coop and
Outdoor Run.
6.10 All Backyard Chickens must be kept securely in a Coop or Outdoor Run at all
times. Backyard Chickens are not permitted to run at large.
6.11 The Coop and Outdoor Run must be locked from sunset to sunrise.
7. RIGHT OF ENTRY
7.1
Every Person who holds a Backyard Chicken Licence shall allow, at any
reasonable time, an Officer to inspect the Property, other than any room or
place used as a dwelling, to determine whether all requirements of this By-
law are being complied with.
7.2
No Person shall obstruct or hinder or attempt to obstruct or hinder an Officer
in the exercise of a power or the performance of a duty under this By-law.
ORDERS
8.1 If an Officer has reasonable grounds to believe that a contravention of this By-
law has or is occurring, the Officer may make an Order requiring the Person
who contravened this By-law or who caused or permitted the contravention to
occur to:
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(a)
discontinue the contravening activity; and/or
(b)
do work or take action to correct the contravention.
8.2 An Order under section 8.1 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention;
(b)
the location of the premise on which the contravention occurred; and
(c)
either:
(i)
in the case of an Order under section 8.1 (a), the date by which
there must be compliance with the Order; or
(ii)
in the case of an Order under section 8.1 (b), the action to be done
and the date by which the action must be done.
8.3 An Order made under this By-law may be served personally, ordinary mail to
the last known address or by email transmission to:
(a)
the Person the Officer believes contravened this By-law; and
(b)
such other Persons affected by the Order as the Officer making the
Order determines.
8.4 The Order shall be deemed to have been served on the seventh (7th) day after
the date of mailing or on the date of personal service or on the date of email
transmission.
8.5 An Officer who is unable to effect service of an Order pursuant to this By-law
shall place a placard containing the Order in a conspicuous place on the
premise and the placing of the placard shall be deemed to be sufficient
service. The placing of the placard of the Order shall be deemed to be served
on the date of placing the placard.
8.6 If a Person fails to comply with an Order pursuant to this By-law the Town may,
at all reasonable times, enter on the property and effect compliance at the
expense of the Property Owner or occupant who has failed to comply, and
may recover the costs of doing so from the responsible Person by action or by
adding them to the tax roll and collecting them in the same manner as property
taxes.
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9. REFUSAL, REVOCATION, SUSPENSION
9.1 Any Person who has been issued a Licence under this By-law, shall at all
times comply with the By-laws of the Town and any contravention of any By-
law or any other Provincial or Federal law may be grounds for the refusal,
suspension or revocation of the Licence.
9.2 Any Person who has been issued a Licence under this By-law, shall at all
times comply with the declarations made within an application for a Licence
under this By-law. Non-compliance may be grounds for the refusal,
suspension or revocation of the Licence.
9.3 A Licence that has been suspended or revoked, as issued under this By-law,
shall be returned to the Clerk and the Town will provide written notice
addressed to the Licence holder's last known address giving the reasons for
the refusal, suspension or revocation of the permit.
10. RECOVERY OF COST
10.1 In addition to any other fees or costs, and to any remedies or penalties
imposed pursuant to this By-law, the Town may impose a fee or charge upon
any Person to recover any enforcement costs incurred.
10.2 The fees and charges outlined in Section 10.1 of this By-law shall include
interest calculated at a rate of 15% per annum, calculated for the period
commencing for the day the Town incurs the cost and ending on the day the
costs, including the interest, are paid in full.
10.3 Where all the owners of a property are responsible for paying certain fees
and charges imposed pursuant to this By-law, the Town may add such fees
and charges to the tax roll for the property and collect them in the same
manner as municipal taxes.
10.4 The amount of the fees and charges, including interest, constitute a lien on
the land upon registration in the proper land registry office of a notice of lien.
The lien is in respect of all costs that are payable at the time the notice is
registered plus interest accrued to the date the payment is made. Upon
receiving payment of all costs payable plus interest accrued to the date of
payment, the Town shall register a discharge of the lien in the proper land
registry office.
11. OFFENCE AND PENALTY PROVISIONS
11.1 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
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Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
11.2 Each day of contravention shall be a separate offence.
11.3 Upon conviction, the Court in which the conviction has been entered and any
Court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
11.4 Any Person who is charged with an offence under this By-law or an Order
issued pursuant to this By-law or every director or officer of a corporation,
who knowingly concurs in the contravention by the laying of an information
under Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended, is guilty of an offence and if found guilty of the offence is liable
pursuant to the Municipal Act, as amended, to the following:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more
than $100,000.00; and
(c)
in the case of continuing offence, for each day or part of a day that the
offence continues, the maximum fine shall be $10,000.00 per day for
every day in contravention and the total of all daily fines for the offence is
not limited to $100,000.00.
11.5 Every Person who is issued a Part 1 offence notice or summons upon
conviction is guilty of an offence under this By-law shall be subject to a fine,
to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended.
11.6 Every Person who is alleged to have contravened any of the provisions of
this By-law, shall identify themselves to an Officer upon request, failure to do
so shall be deemed to have hindered or obstructed an Officer in the
execution of his or her duties.
11.7 Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
12. SEVERABILITY
12.1 If a court of competent jurisdiction declares any section or part of this By-law
invalid, it is the intention of Council that the remainder of this By-law shall
continue in force unless the court makes an order to the contrary.
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13. INTERPRETATION
13.1 References in this By-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to time be
amended, extended or re-enacted.
12.2 In this By-law, unless the context otherwise requires words importing the
singular shall include the plural and use of the masculine shall include the
feminine, where applicable.
12.3 The Short Title of this By-law is the "Backyard Chicken Bylaw".
14. FORCE AND EFFECT
14.1 This By-law shall take force and effect upon the passage hereof.
14.2 Schedule "A" to the By-law shall be effective upon the approval and/or
amendment by the Regional Senior Justice of the Ontario Court of Justice.
Read a first time this 25th day of March 2025.
Read a second time this 9th day of September 2025.
Read a third time and finally passed this 13th day of January 2026.
Original signed by:
John Creelman, Mayor
Fred Simpson, Clerk
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Schedule "A"
To By-law 2026-1 Backyard Chickens
Part I Provincial Offences Act
Item
Short Form Wording
Provision
Creating or
Defining
Offence
Set Fine
1
More than four (4) hens on a lot
2.1 1)
$250.00
2
More than one Coop on a lot
2.1 2)
$250.00
3
Keep a Rooster
2.1 3)
$250.00
4
Permit a Hen to be At Large
2.2
$250.00
5
Keep Backyard Chickens without Licence
3.2
$500.00
3
Slaughter of Backyard Chickens on
Property
5.5
$500.00
4
Sell eggs, manure, meat or products from
Backyard Chickens
5.6
$500.00
5
Coop or Run not kept sanitary
6.6
$500.00
6
Coop or Run not kept safe from predators
6.8
$500.00
7
Stored manure not covered
6.9
$500.00
8
Obstruct or hinder Bylaw Officer
7.2
$750.00
NOTE: The general penalty provision for the offences indicated above is Section xx
of the By-law 2026-xx, a certified copy of which has been filed and s. 61 of the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.