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THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
BY- LAW NO. 2026-01
Being a By-law to regulate the keeping of Backyard Hens
within Residential First Density (R1), Hamlet Residential (HR) Rural Residential
(RR) Zones in the Municipality of West Elgin, and Repeal By-law 2024-84
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 Municipality of West Elgin deems
it expedient, necessary and in the public interest to regulate the keeping of backyard
Hens in accordance with the Municipality's Zoning By-law, as amended, for the purpose
of public health and safety.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF WEST ELGIN ENACTS AS FOLLOWS:
Definitions
"Backyard Hens" 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 Municipality of West Elgin's Zoning By-law.
"Clerk" means the Clerk of the Corporation of the Municipality of West Elgin or their
designate.
"Coop" means a fully enclosed weatherproof and ventilated building where hens are kept
and which the interior of includes nest boxes for egg laying, perches for the hens to sleep
on, and food and water containers.
"Council" means the Council of the Corporation of the Municipality of West Elgin.
"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.
"Municipality" means the Corporation of the Municipality of West Elgin.
"Officer" means a Police Officer or an Animal Control Officer, a By-law Enforcement /
Municipal Law Enforcement Officer for the Municipality of West Elgin, or anyone working
under his/her authority.
"Outdoor Run" means an area enclosed by wire screen intended for permitting a hen or
hens to be outdoors.
"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 Municipality of
West Elgin.
"Slaughtering" means the killing of livestock for purposes that include the use of meat
for food, which includes backyard hens for the purpose of this by-law.
"Zoning By-law" means a by-law passed under Section 34 of the Planning Act that
regulates the use of land in the Municipality of West Elgin.
1.
Administration
1.1
The Corporation of the Municipality of West Elgin is responsible for the
administration and enforcement of this by-law.
1.2
The provisions of this By-law shall apply to the keeping of Backyard Hens in
accordance with the Zoning By-law within the boundaries of the Municipality of West
Elgin.
2.
General
2.1
The applicant/owner of the Backyard Hens must reside on the property where the
Backyard Hens are kept.
2.2
All property owners:
a) Should review the OMAFRA Webpage titled "Raise Healthy Small
Flock Poultry";
b) Should review the OMAFRA Webpage titled "Rodent Control in
Livestock and Poultry Facilities";
c) Should review the Ministry of Health Factsheet titled "Reducing
Health Risks Associated with Backyard Chickens";
d) Will provide suitable housing and shelter for the backyard Hens in
their care and will maintain such housing in a clean and wholesome
state, having regard for Biosecurity Recommendations for Small
Flock Chicken Owners (OMAFRA);
e) Will provide the Backyard Hens 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,
f) Will abide by the regulations contained within the Backyard Hens
By-law.
2.3
It is understood that different ministries and organizations may update their
resource kits and factsheets from time to time.
2.4
Reviewing departments, may require an inspection of the property is deemed
necessary, other than a room or place used as a dwelling.
2.5
If at any time the Municipality determines, because of evidence that is provided,
that the operation of a coop does not conform to the requirements of this By-
law, it may fine the property owner.
3.0
Property Regulations
3.1
A person is not permitted to house Backyard Hens unless:
1) The property is zoned Residential First Density (R1), Rural Residential (RR), and
Hamlet Residential (HR) and is in conformity with the Municipality's Zoning By-
law.
2) Notwithstanding any other provisions of this by-law or the Municipality's Zoning
By-law to the contrary the property shall have a minimum lot area of 1,000 m²
(10,760 ft²).
3) The property conforms 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.
4) The property complies with all other municipal By-Laws and there are no
outstanding orders or unpaid fines.
4.0
Backyard Hens Regulations
4.1
A maximum of six (6) Backyard Hens shall be allowed on each permitted
property.
4.2
All Backyard Hens shall be at least four (4) months old.
4.3
The keeping of roosters is strictly prohibited.
4.4
All deceased Backyard Hens shall be disposed of promptly in a sanitary manner.
4.5
The slaughtering of Backyard Hens on the property is prohibited.
4.6
The selling of eggs, manure, meat or other products derived from backyard
Hens is prohibited.
5.0
Backyard Hen Coop Regulations
5.1
Within any Residential First Density (R1) or Rural Residential (RR) Zone, as
defined by the Municipality's Zoning By-Law, no coop (including manure storage
area) or outdoor run, shall be located within:
1) Conservation Authority Regulated Area, unless a permit is granted by the
Conservation Authority, as defined in the Zoning By-Law mapping;
2) 7.5 m of a drainage swale, open private drain, open municipal drain, catch
basin or similar open access point to a drain or water course;
3) A front yard or exterior side yard;
4) 2 m of any dwelling;
5) 3 m of any lot line;
6) 1.5 m of any structure;
7) 3 m from and downgradient of any well location to avoid potential water
source contamination;
8) 3 m of any private sewage system (including tile bed); and,
9) 15 m of any lot line on which a school is located.
5.2
A maximum of one (1) coop and one (1) outdoor run shall be permitted per
property.
A coop shall be provided that has:
1) A maximum ground floor area of 9.0 m²
2) At least 0.37 m² of floor area for each hen;
3) A maximum height of 2.5 m (8.0 feet approximately).
5.3
The coop and manure storage area, exclusive of the outdoor enclosure,
shall not cumulatively exceed an area of 10 m².
5.4
The coop shall be a fully enclosed weatherproof structure or enclosure 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:
1) At least one nest box per hen for egg laying;
2) At least one perch giving 0.3 m of space per hen;
3) At least one food and water container;
4) The floor must be constructed of a material that is resistant to moisture,
mould, retain heat in the cold weather and exclude rodents and predators;
5) The floors must be lined with shavings, straw or other appropriate materials
to absorb manure and facilitate cleaning;
6) Hen boxes and a perch must be provided to accommodate all hens;
7) Dust bath area must be provided (helps control mites);
5.5
The coop shall have a heat source that is a Canadian Standards Association
(CSA) rated product and meets the Electrical Safety Authority (ESA) standards
upon installation. It is the owner's responsibility to follow the manufacturer's
instructions for the heat source to ensure proper use.
5.6
The coop must be always kept in a clean and sanitary condition, free of vermin,
obnoxious smells and substances and in good repair.
5.7
The coop and outdoor run shall be secured against the entry of predators.
5.8
Backyard Hens must be always provided with food and clean water, shelter, light,
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.
5.9
All manure shall be stored in a fully enclosed container. Manure stored on a single
property shall be limited to a maximum of three (3) cubic feet. Manure shall not
be disposed of as or with domestic household waste. All manure shall be
removed daily from the hen coop and outdoor runs. Manure shall be used for
composting, fertilizing or disposed of appropriately off-site. Properties abutting
an agricultural property shall not dispose of manure on the abutting property
without the express written consent of the property owner.
5.10
All Backyard Hens must be always kept securely in a coop or outdoor run.
Backyard Hens are not permitted to run at large.
5.11
The coop must be locked from sunset to sunrise.
6.0
Right of Entry
6.1
Every person who houses Backyard Hens shall allow, at any reasonable
time, a Municipal Law Enforcement Officer or other authorized employee or
agent of the Municipality 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.
6.2
No person shall obstruct or hinder or attempt to obstruct or hinder a
Municipal Law Enforcement Officer or other authorized employee or agent
of the Municipality in the exercise of a power or the performance of a duty
under this By-law.
7.0
Offence and Penalty Provisions
7.1
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 Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
7.2
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.
8.0
Severability
8.1
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.
8.2
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.
9.0
Force and Effect
This by-law shall take force and effect January 1, 2026
Read a first, second, and third time and finally passed this 22nd day of January 2026.
_________________________
_________________________
Richard Leatham, Mayor
Terri Towstiuc, Clerk
By-law 2026-01-13
To regulate and licence the keeping of Backyard Hens within the Municipality of West Elgin
Schedule "A"
Part I Provincial Offences Act
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
1.
Possess more than six (6) Hens
s. 5.1
$205.00
2.
Possess a rooster
s. 5.3
$205.00
3.
Fail to dispose of deceased Hen
promptly and in sanitary manner
s.5.4
$250.00
4.
Permit slaughtering of Hens on
property
s. 5.5
$305.00
5.
Permit the sale of products
derived from Hens
s. 5.6
$205.00
6.
Fail to comply with coop location
setbacks within settlement areas
s. 6.1
$205.00
7.
Permit more than one (1) coop or
outdoor run on property
s. 6.2
$205.00
8.
Fail to comply with permitted size
of coop and manure storage area
s. 6.3
$205.00
9.
Fail to comply with coop
maintenance standards
s.6.4
$205.00
10.
Fail to maintain sanitary
conditions
s. 6.6
$305.00
11.
Fail to keep coop and/or outdoor
run secure
s. 6.7
$205.00
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
12.
Fail to provide clean food and
water
s.6.8
$205.00
13.
Fail to keep food properly stored
s.6.8
$205.00
14.
Fail to keep manure in proper
fully enclosed container
s. 6.9
$205.00
15.
Permit storage of manure over
three (3) cubic feet
s. 6.9
$205.00
16.
Failure to dispose manure
separate of domestic household
waste
s. 6.9
$205.00
17.
Permit Hens to run at large
s.6.10
$205.00
18.
Fail to lock coop from sunset to
sunrise
s. 6.11
$205.00
19.
Hinder or obstruct the
Municipality, its employees,
officers or agents
s. 7.2
$400.00
Note: The general penalty provision for the offences listed above is Section 7.1 of
By-law 2026-01, a certified copy of which has been filed.