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By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 1 of 15
The Corporation of
the Town of Whitby
Prohibited and Regulated
Animals By-law # 7392-18
Consolidated Version
Being a By-law to prohibit or regulate the keeping of animals within
the Town of Whitby.
This document has been reproduced for convenience only and is a
consolidation of Prohibited and Regulated Animals By-law # 7392-
18, adopted by the Council of the Town of Whitby on April 16, 2018.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 2 of 15
As amended by By-laws:
By-law Number
Date Passed:
8314-26
June 22, 2026
Individual copies of any of the above by-laws are available from the
Office of the Town Clerk of the Town of Whitby. For legal
purposes, copies of the original by-laws should be obtained.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 3 of 15
Prohibited and Regulated Animals By-law
Being a By-law to prohibit or regulate the keeping of animals within the Town of Whitby.
Whereas Section 10 and Section 11 of the Municipal Act, 2001 authorizes the Town to pass
by-laws respecting animals;
And whereas Section 103 of the Municipal Act, 2001 authorizes the Town to pass by-laws to
provide for the seizure and impounding of animals being at large or trespassing, and provide
for the sale of impounded animals under certain conditions;
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as
follows:
1. Definitions
1.1. "accredited facility" means a facility or operation that is certified and approved
to operate by the Canadian Association of Zoos and Aquariums;
1.2. "agricultural property" means a property identified as an agricultural zone in
the Town's Zoning By-laws;
1.3. "animal" includes any member of the animal kingdom, other than a human;
1.4. "animal services officer" means an employee of the Town whose duties
include the enforcement of this by-law and related animal legislation and
includes the animal services supervisor;
1.5. "animal services supervisor" means the animal services supervisor for the
Town or his or her designate;
1.6. "at large" shall mean when an animal is found in any place other than on
lands owned or lawfully occupied by its owner and when not under restraint of
any person;
1.7. "domestic" describes an animal that has been tamed by humans and has,
through selective breeding, become notably different from its wild ancestors,
and includes animals derived from self-sustaining captive populations;
1.8. "dwelling unit" means a room or suite of two or more rooms designed or
intended for residential use by a person or persons in which culinary and
sanitary conveniences are provided for the exclusive use of such person or
persons and having a private entrance from outside or a common hallway or
stairway inside and which is located in a residentially zoned part of the Town;
1.9. "livestock" means any domestic fowl, including but not limited to chickens,
ducks, geese, turkeys, guinea fowl, swans and ostrich, domestic rabbits
(when more than 3 rabbits are kept), horses, donkeys, mules, bulls, oxen,
cows or other cattle, sheep, lamb, goats, pigs, llamas, mink, emus, alpacas,
wild boar, bison, deer, elk, ponies, or rhea;
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 4 of 15
1.10. "owner'' means the owner of an animal and includes a person possessing or
harbouring an animal and, where the owner is a minor, the person
responsible for the custody of the minor;
1.11. "person" shall include an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a corporate body and a natural person;
1.12. "pigeon" means a member of the widely distributed family of birds derived
from self sustaining captive populations of Columbidae;
1.13. "prohibited animal" means any animal identified as prohibited in Schedule A,
which is attached to and forms part of this by-law;
1.14. "rural area" means that portion of the Town identified as a rural area in
Schedule B, which is attached to and forms part of this by-law;
1.15. "Town" means The Corporation of the Town of Whitby or the geographic
boundaries of the Town of Whitby, as the context requires;
1.16. "urban area" means that portion of the Town identified as an urban area in
Schedule B, which is attached to and forms part of this by-law;
1.17. "wildlife" means an animal indigenous to North America that is wild by nature
as includes game wildlife and protected wildlife identified in the Schedules of
the Fish and Wildlife Conservation Act, 1997, as amended;
1.18. "wildlife rehabilitator" means a person who is authorized by the Ministry of
Natural Resources to care for wildlife in distress until they can be released
back into the wild;
2. Interpretation
2.1. When reading and interpreting this by-law,
2.1.1. unless otherwise specified, references in this by-law to parts,
sections, subsections, clauses and schedules are references to parts,
sections, subsections, clauses and schedules in this by-law;
2.1.2. 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;
2.1.3. references in this by-law to items in the plural include the singular,
and references to the singular include the plural, as applicable;
2.1.4. the words "include", "includes" or "including" are not to be read or
interpreted as limiting the words, phrases or descriptions that
precede them; and
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 5 of 15
2.1.5. the words or references in this by-law that are not defined herein shall
be interpreted in accordance with their plain, ordinary, and common
dictionary meaning.
2.2. If a court of competent jurisdiction declares any section, or any part of any
section of this by-law to be invalid, or to be of no force or effect, it is the
intention of the Town that every other provision of this by-law be applied and
enforced in accordance with its terms to the extent possible according to law.
3. Regulation
3.1. No person shall keep, own, harbour, or possess any prohibited animal.
3.2. No person shall keep, own, harbour, or possess any wildlife.
3.3. No person shall keep, own, harbour, or possess livestock other than on an
agricultural property in the rural area which is at least five (5) acres in size.
3.4. No person shall keep, own, harbour, or possess honeybees unless the
keeping of the bees complies with the Bees Act, R.S.O. 1990, c. B.6., as
amended.
3.5. No owner of an animal shall allow their animal to be at large.
Exemptions
3.6. Section 3.1., 3.2., and 3.3. of this by-law shall not apply to:
3.6.1. an animal services officer, while in the course of their duties;
3.6.2. an animal sheltering facility owned or operated by the Town, including
its employees and agents, while in the course of their duties;
3.6.3. an agent of the Ontario Society for the Prevention of Cruelty to
Animals or a police officer while in the course of their duties;
3.6.4. the premises of an accredited veterinary hospital, including its
employees and agents, under the care and supervision of a
veterinarian licensed to practice in the Province of Ontario;
3.6.5. a permanent accredited facility, including but not limited to a zoo or
aquarium, provided that the use and location of the facility complies
with the Town's Zoning By-laws and all other applicable legislation;
3.6.6. with the exception of venomous animals, a temporary or mobile
accredited facility, provided that the temporary or mobile accredited
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 6 of 15
facility is limited to no more than five (5) days in any one location and
animals are safely contained when not on exhibit, provided that the
temporary or mobile facility complies with all other applicable
legislation;
3.6.7. a medical or educational institution where animals are being kept for
research, study, or teaching purposes, provided such institution is
registered as a research facility in accordance with the Animals for
Research Act, R.S.O. 1990, c. A. 22, as amended;
3.6.8. a person holding a licence issued by the Federal or Provincial
government permitting the keeping of animals, subject to the terms
and conditions of the licence;
3.6.9. a person conducting an animal exhibition on premises approved by
the Town, including but not limited to a circus or petting zoo; or
3.6.10. a person transporting an animal for immediate surrender to an animal
services officer, agent of the Ontario Society for the Prevention of
Cruelty to Animals, a police officer, veterinarian, or accredited facility.
3.7. Section 3.2. of this by-law shall not apply to a wildlife rehabilitator or the
premises of a wildlife rehabilitator provided the premises is an agricultural
property in the rural area which is at least five (5) acres in size.
Keeping of Pigeons
3.8. Every owner of domestic pigeons shall,
3.8.1. keep a maximum of eighty (80) pigeons at any time;
3.8.2. be a member of a recognized pigeon club which is affiliated with a
national organization;
3.8.3. ensure each pigeon in their possession wears a metal or plastic leg
band that identifies the owner of the bird, and shall register leg bands
with a recognized pigeon club which is affiliated with a national
organization;
3.8.4. ensure that pigeons are not kept in, upon or under any building used
for human habitation;
3.8.5. keep all pigeons in suitable bird enclosures of a size to house the
birds, which shall provide a minimum size of 0.25 cubic meters (9
cubic feet) of air space per pigeon;
3.8.6. ensure that all bird enclosures are constructed in a manner to prevent
the accidental escape of pigeons;
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 7 of 15
3.8.7. ensure that all bird enclosures are located a minimum distance of one
(1) metre from any dwelling, shop or apartment building, and from any
adjoining property line;
3.8.8. ensure that pigeons do not stray, perch, roost, nest or rest upon any
premise other than the premise of the owner of the pigeons;
3.8.9. maintain all bird enclosures through regular painting or the installation
of permanent siding which shall be maintained in good condition;
3.8.10. lime wash, paint or disinfect the inside walls and ceilings of all bird
enclosures, a minimum of two times per calendar year, save and
except those outdoor runs which are enclosed solely with wire;
3.8.11. remove and dispose of, in a sanitary manner, a minimum of two times
per week, all pigeon droppings and refuse within or adjacent to all bird
enclosures;
3.8.12. store all pigeon feed in rodent-proof containers;
3.8.13. keep all equipment associated with the keeping of pigeons under
suitable cover, which does not create an unsightly condition;
3.8.14. keep all pigeons enclosed within bird enclosures at all times, except to
allow a maximum of two daily, two hour flight periods during which
time no more than fifty (50) percent plus one bird, of the total number
of pigeons being kept shall be permitted to be at large, it being
understood that this provision shall not apply to members of a racing
pigeon club when the members are participating in a bona fide flight
conducted by the club; and
3.8.15. feed pigeons only while they are inside of a bird enclosure.
Keeping of Ferrets, Chinchillas, and Domestic Rabbits
3.9. No person shall, keep, own, harbour, or possess more than two (2) domestic
ferrets or chinchillas in or about a dwelling unit.
3.10. No person shall, keep, own, harbour, possess more than three (3) domestic
rabbits in or about a dwelling unit.
Feeding of Waterfowl
3.11. No person shall feed waterfowl on Town property unless he or she has been
authorized in writing to do so by the Town.
Control of Animals at Large
3.12. Any person shall be permitted to take charge of any animal found at large and
shall forthwith deliver the animal to an animal services officer.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 8 of 15
3.13. Nothing in Section 3.12. of this by-law confers upon any person the right to
enter any dwelling unit or premises;
3.14. An animal services officer may seize and impound any animal delivered to
him or her pursuant to Section 3.12. of this by-law or found at large in the
Town, or at the request of Whitby Fire and Emergency Services or the
Durham Regional Police Service.
3.15. An animal services officer shall restore possession of an animal to the owner
where,
3.15.1. the owner claims possession of the animal;
3.15.2. the owner pays the Town the impoundment fee in accordance with the
Town's Fees and Charges By-law, as may be amended from time to
time;
3.15.3. the owner pays the Town the daily care fee in accordance with the
Town's Fees and Charges By-law, as may be amended from time to
time;
3.15.4. the owner pays the full cost of any veterinary care received by the
animal while impounded; and
3.15.5. the owner demonstrates that the place at which they intend to keep
the animal is not within an area of the Town where the keeping of
such an animal is prohibited by this by-law.
3.16. Where on the sixth day after the date of seizure and impounding, exclusive of
Sundays and Statutory Holidays, possession of the animal has not been
restored to the owner in accordance with Section 3.15. of this by-law, the
animal services supervisor may, at his or her discretion,
3.16.1. sell or make a gift of the animal;
3.16.2. otherwise dispose of the animal;
3.16.3. transfer the animal to another animal welfare or animal rescue
agency; or
3.16.4. humanely euthanize the animal, with no damage or compensation
recoverable by any person.
3.17. Where an animal seized or impounded should be euthanized without delay for
humane reasons, or for reasons of safety to persons or animals, the animal
services supervisor may euthanize the animal in a humane manner as soon
after seizure he or she sees fit without permitting any person to claim
possession of the animal with no damage or compensation recoverable by
any person.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 9 of 15
3.18. Where the animal services supervisor deems it necessary to euthanize an
animal in accordance with Section 3.17. of this by-law, he or she shall first
make every reasonable effort practical in the circumstances to contact the
owner of the animal.
3.19. The animal services supervisor shall keep a record of all animals seized and
impounded in accordance with this by-law.
4. Schedule(s)
4.1. Schedule A - Prohibited Animals.
4.2. Schedule B - Maps of Urban and Rural Areas.
4.3. Schedule C - Administrative Penalties.
5. Enforcement and Penalties
5.1. An animal services officer may, at any reasonable time, enter upon any
property for the purpose of carrying out an inspection to determine whether or
not the provisions of this by-law have been complied with.
5.2. No person shall prevent, hinder, or interfere, or attempt to prevent, hinder, or
interfere with an inspection by an animal services officer.
5.3. Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a maximum fine of $100,000.00, and
in the case of a continuing offence, for each day or part of a day that the
offence continues, an additional maximum fine of $10,000.00 pursuant to the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
5.4. Every person who contravenes or fails to comply with a provision of this By-
law is guilty of an offence and is liable to the penalty as set out in Schedule
"C" to this By-law.
5.5. Tiered and Escalating Penalties: If a person receives a Penalty Notice in
accordance with the Town's Administrative Penalty By-law for an offence,
the person shall be liable to pay to the Town a tier one (1) administrative
penalty amount for that offence as specified in Schedule "C" to this By-law. If
a person receives an additional Penalty Notice for the same offence within
ninety (90) calendar days or less from the date of the Penalty Notice
containing a tier one (1) administrative penalty amount, the person shall be
liable to pay to the Town a tier two (2) administrative penalty amount for that
offence as specified in Schedule "C" to this By-law. If the person receives a
subsequent Penalty Notice for the same offence within ninety (90) calendar
days or less of the Penalty Notice containing a tier two (2) administrative
penalty amount, the person shall be liable to pay to the Town a tier three (3)
administrative penalty amount for that offence as specified in Schedule "C"
to this By-law. If the person receives any subsequent Penalty Notices for the
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 10 of 15
same offence within one hundred and eighty (180) calendar days or less
from the date of the Penalty Notice containing a tier three (3) administrative
penalty amount, the person shall be liable to pay to the Town a tier three (3)
administrative penalty amount for that offence as specified in Schedule "C"
to this By-law.
6. Short Title
6.1. This by-law may be referred to as the Prohibited and Regulated Animals By-
law.
7. Repeal of Existing By-law
7.1. By-law # 3436-94, By-law # 3669-95, By-law # 4816-01, and By-law # 6888-
14 are repealed.
8. Effective Date
8.1. This by-law shall come into force and effect on the day it is passed.
By-law read and passed this 16th day of April, 2018.
Original Approved and Signed.
Don Mitchell, Mayor
Original Approved and Signed.
Christopher Harris, Town Clerk
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 11 of 15
Schedule A - Prohibited Animals
In the following tables are the prohibited classes or categories of animals with specific
exemptions provided for each class or category. A class represents the ordering of
organisms into groups, based on their relationships.
Class
Prohibited
Exceptions
Mammalia
All
Domestic dogs, cats,
(Mammals)
chinchillas, degus, ferrets,
hamsters, mice, rabbits,
rats, and sugar gliders in
accordance with the
provisions of this by-law
and the Town's
Responsible Pet Ownership
By-law.
Livestock kept on an
agricultural property in the
rural area which is at least
five (5) acres in size.
Class
Prohibited
Exceptions
Reptilia
(Reptiles)
All
Constricting and non-
venomous serpents
(snakes) that are less than
two (2) metres in length.
Non-venomous lizards that
are less than two (2) metres
in length.
Testudines (tortoises and
turtles) that are not of the
snapping variety.
Class
Prohibited
Exceptions
Amphibia
(Amphibians)
All
Non-venomous Anura
(frogs and toads) and
Caudate (salamanders and
newts)
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 12 of 15
Schedule A - Prohibited Animals (continued)
In the following tables are the prohibited classes or categories of animals with specific
exemptions provided for each class or category. A class represents the ordering of
organisms into groups, based on their relationships.
Class
Prohibited
Exceptions
Aves
(Birds)
All
Orders of birds kept as
livestock on an agricultural
property in the rural area
which is at least five (5)
acres in size.
Orders of birds kept as
household pets including
Columbidae (pigeons and
doves), Passerifromes
(perching birds and song
birds), and Psittaciformes
(parrots).
Class
Prohibited
Exceptions
Insecta
(Insects)
All
All non-venomous insect
include non-venomous
Arachnida (spiders) and
Chilopoda (centipedes).
Apoidea of the honeybee
variety provided the
keeping of the bees
complies with the Bees Act,
R.S.O. 1990, c. B.6., as
amended
Class
Prohibited
Exceptions
Salt and fresh water
organisms
All venomous vertebrates
and invertebrates
None
Lyndebrook Rd
Schedule B - Urban and Rural Area
To By-law # 7392-18
Taunton Rd E
Rossland Rd W
Dundas St W
Rossland Rd E
Dundas St E
Champlain Ave
Wentworth St
Legend
Rural Area
Urban Area
Taunton Rd W
Victoria St W
Lake Ridge Rd S
Lake Ridge Rd N
Cochrane St
Henry St
Brock St S
Anderson St
Thickson Rd S
Schedule B - Urban and Rural Area
To By-law # 7392-18
Townline Rd W
Townline Rd E
Myrtle Rd E
Brawley Rd E
Columbus Rd W
Winchester Rd W
Columbus Rd E
Legend
Rural Area
Urban Area
Myrtle Rd W
Brawley Rd W
Lyndebrook Rd
Highway 412
Anderson St
Baldwin St N
Schedule C Administrative Penalties
To By-law # 7392-18
Item
Short Form Wording
By-law
Section
Tier 1
(one)
Tier 2
(two)
Tier 3
(three)
1.
Keep/own/harbour/possess prohibited
animal
3.1.
$500.00
$750.00
$1000.00
2.
Keep/own/harbour/possess wildlife
3.2.
$500.00
$750.00
$1000.00
3.
Keep/own/harbour/possess livestock on
prohibited property
3.3.
$500.00
$750.00
$1000.00
4.
Allow animal to be at large
3.5.
$500.00
$750.00
$1000.00
5.
Keep/own/harbour/possess more than 2
domestic ferrets/chinchillas in a dwelling
3.9.
$350.00
$500.00
$750.00
6.
Keep/own/harbour/possess more than 3
domestic rabbits in a dwelling
3.10.
$350.00
$500.00
$750.00
7.
Feed waterfowl on Town property without
authorization
3.11.
$350.00
$500.00
$750.00
8.
Fail to deliver animal found at large
forthwith to an Officer
3.12.
$500.00
$750.00
$1000.00
9.
Hinder/obstruct/interfere with Officer
5.2.
$500.00
$750.00
$1000.00