Final Recommendations on the UrbanHensTO Backyard Hens Pilot Program

There is public support for hen keeping among Toronto residents and the majority of stakeholders consulted support program expansion. Additional resources and enhanced registration requirements for hen owners (for example, annual flock registration and cost recovery fees, a pro-active site inspection, and required education) are recommended in this report. It is anticipated that the proposed additional requirements, in addition to the existing terms and conditions of the pilot program, will mitigate nuisance, public health, and animal welfare concerns related to expansion. Expanding the program city-wide will increase equitable geographic access and allow more diverse neighbourhoods to participate. To further improve equitable access, staff are also recommending community hen keeping projects be considered on a case-by-case basis, in partnership with other City divisions and community organizations to help address individual cost barriers and allow residents without sufficient private outdoor space to participate in the program. Toronto Municipal Code Chapter 349, Animals, currently prohibits animals in the order Galliformes (which includes hens), with the exception of hens registered under the UrbanHensTO pilot program. The UrbanHensTO pilot program began on March 2, 2018 and allows registered households to have up to four hens for the purposes of enjoyment and personal egg production; roosters are prohibited and hens cannot be raised as livestock to eat. The pilot program applies to four former City of Toronto wards (Wards 5, 13, 21, and 32). As a result of ward changes in 2018, the program currently applies to some parts of Wards 2, 3, 4, 8, 12, 14, and 19. Following City Council's decision in December 2020 to extend the pilot for one additional year, the pilot will expire on March 31, 2022. City staff undertook a final review of the pilot program beginning in late fall 2021. The review included consultations with various City divisions as well as food policy and animal health and welfare stakeholders. Public opinion research and a public survey to solicit feedback on the future of the program were also conducted. Key considerations during the review included impacts on food security and food sovereignty, access to veterinary care, animal health and welfare, public health and nuisance, and equity impacts. Staff recommend that bylaw amendments come into effect as of April 1, 2023 to implement the city-wide permanent backyard hen-keeping program, and that the current pilot program be extended until this date. This report was developed in consultation with Toronto Public Health.

b. HEN: Means a domesticated female chicken that is at least four months old. 2. Amend section 349-4.1 as follows: a. Replace "pilot program" with the word "program" throughout. b. Replace current wording in subsection A that established the pilot program with "The Executive Director is authorized to establish a program to permit the keeping of hens in accordance with this section". 3. Remove the restricted zones for the hens program, and remove Schedule B - ZONES FOR HENS PILOT PROJECT Enhanced program requirements 4. Amend section 349-4.1B to specify that participants in the program must either be the owner or lawful occupant of the property where the hens are to be kept or have written approval from the owner of the land where the hens will be kept, and amend the section's requirements to recognize both kinds of program participants. 5. Amend section 349-4.1B(3) to clarify that apartment or condominium units or properties without sufficient outdoor space to house hens as determined by the Executive Director are not permitted to register or participate in the program. 6. Amend section 349-4.1B(5), which permits City staff to attend and inspect a property registered in the program, to require that registered participants pay a re-inspection fee in accordance with Municipal Code Chapter 441, Fees and Charges for any re-inspection of their hen enclosure property. 7. Add a new subsection to 349-4.1, B.1 Registration, that contains the following registration and program requirements for participation in the permanent UrbanHensTO program: a. No person shall keep hens in the City unless they have registered in accordance with this section. b. A person wishing to keep hens shall register for each property where hens are to be kept every 12 months and shall pay the specified registration or renewal fee. c. Require that a registration application contain the following information: i. the applicant's name and contact information, including the address where the hens will be kept, e-mail address and telephone number; ii. where the applicant is not the owner or lawful occupant of the property where the hens are to be kept, written approval from the property owner permitting hens to be kept at the property; iii. the number of hens to be kept at the property; iv. whether the hens kept at the property are rented, and if so, the name of the rental company and contact information for the rental company and the duration that the hens will be rented; v. a site-plan showing the dimensions and location of the outdoor hen enclosure including a coop, on the property, the distance between the outdoor hen enclosure and other buildings and property boundaries, and any other information required by the Executive Director; vi. proof of completion of a hen keeping education course approved by the Ontario Ministry of Agriculture, Food and Rural Affairs to the satisfaction of the Executive Director; vii. any other information required by the Executive Director. d. Require that registered participants update the City immediately with respect to any change to information provided in their registration application. e. Require that on receipt of a registration application, an inspection of the property as required by the Executive Director shall be completed prior to the applicant being permitted to keep any hens. f. Allow the Executive Director to refuse an application if the application does not comply with section 349-4.1, the requirements or the standards established by the Executive Director are not met, the applicant has not paid the required fees, the application contains false or misleading information, or if approval would jeopardize public health, the health of the hen or cause community disruption. Seizure, impoundment and redemption of hens 8. Add a new sub-section, 349-4.1F to include the following seizure and impoundment provisions: a. Any hen found at large contrary to the provisions of this chapter may be seized and impounded by the Executive Director. b. Where, in the opinion of the Executive Director, a hen seized under Subsection (1) is injured or ill and should be euthanized without delay for humane reasons or the safety of persons, the hen may be euthanized by the Executive Director without permitting any person to reclaim the hen. c. Any hen seized by the Executive Director under Subsection (1) shall be impounded for a minimum period of 24 hours from the time of its impoundment, exclusive of the day on which the hen was impounded, and days on which the animal centre is closed, during which time the owner shall be entitled to redeem the hen. d. If a hen is not redeemed within the time period referred to in Subsection (3), the hen shall become the property of the City and the City may: i. Transfer ownership of the hen; or ii. Euthanize the hen. e. Where a hen is seized and impounded by the Executive Director under Subsection (1), a daily impoundment fee for daily care, feeding and sheltering shall be paid by the owner to the Executive Director, in advance of redeeming the hen, for the amount specified in Chapter 441, Fees and Charges; f. Where a hen seized and impounded by the Executive Director under Subsection (1) is injured or ill and receives veterinary care necessary for the well-being of the hen, the Executive Director shall, in addition to any amount charged pursuant to Subsection (5), be entitled to charge the person claiming the hen under this article the cost of the veterinary care to the Executive Director. Suspension of permits 9. Amend section 349-4.1D to authorize the Executive Director to suspend any participant from the program for the duration of their current registration period who, in the opinion of the Executive Director, is not in compliance with section 349-4.1, the program or standards established by the Executive Director and/or has taken any action or failed to take any action that has jeopardized public health, or the health of a hen, or caused community disruption. Extending the current pilot program until Bylaw changes come into effect 10. Add a provision that any person registered under the current hens pilot program may continue to keep hens provided they register under the new hens program by April 1, 2023, and have a site inspection completed by Toronto Animal Services, and complete the education course by April 1, 2024. 2. City Council direct the Executive Director, Municipal Licensing and Standards to establish standards for community hen keeping projects (where the program participant is not the owner or lawful occupant of the property where the hens are to be kept, is not keeping hens in a backyard, and is keeping hens to support community goals. The project may be associated with a community or non-profit organization.) under the Executive Director's authority in section 349-4.1C and direct that registration and inspection fees not be charged for such registered properties. 3. City Council amend City of Toronto Municipal Code, Chapter 441, Fees and Charges, as follows: Table 1 - Recommended hen keeping licensing fees be included in Chapter 441 Reference Number Service Fee Description Category Fee Basis Fee Annual Adjustment New Pet Licence Issuance Amount for registration of a backyard hen flock. Full Cost Recovery Per application $151.00 Yes New Pet Licence Issuance Amount for backyard hen flock renewal Full Cost Recovery Per renewal $34.00 Yes New Pet Licence Issuance Re-Inspection fee: backyard hen enclosure Full Cost Recovery Per inspection $111.50 Yes New Pet Licence Issuance Impound fee hen. The first day of care in the animal shelter Market Based 1st 24 Hours Or Part thereof per animal $30.00 Yes New Pet Licence Issuance Impound fee hen. The daily care, food and board of animal. Market Based Subsequent per Diem per animal $10.00 Yes New Shelter and Care Protective Care hen City Policy 1st 24 Hours Or Part thereof per flock $40.00 Yes New Shelter and Care Protective Care hen City Policy Subsequent per Diem per flock $10.00 Yes 4. City Council direct that the amendments to City of Toronto Municipal Code Chapter 349, Animals, and Chapter 441, Fees and Charges, described in recommendations 1 to 3 come into effect April 1, 2023, and that the current pilot project in section 349-4.1 be extended until March 31, 2023. 5. City Council direct the City Solicitor to prepare the necessary bill(s) required to give effect to Council's decision and to make any necessary minor substantive or stylistic refinements as may be identified by the City Solicitor.