LAURIE WEIR

Backyard chickens are officially crossing the road into Smiths Falls — legally.

Council approved – by a slim margin — the launch of a pilot program during a regular committee of the whole meeting on April 14 allowing residents to keep up to six hens on residential properties, following a flurry of public interest and a long list of bylaw revisions designed to make the program more accessible.

Coun. Jay Brennan, who was against the idea from the onset, said this was bad bylaw made worse. “I didn’t support the first version and I definitely don’t support this one,” he said. “This just takes all the egulations out. It’s worse than what we started with.” 

The pilot program was first endorsed in principle on March 24, but councillors directed staff to remove red tape and take a more hands-off enforcement approach. The revised bylaw now comes with fewer restrictions, no fees, and a complaint-driven enforcement model.

“People were clearly interested in this, but we also heard concerns about cost, red tape, and the potential for over-regulation,” fire Chief Rick Chesebrough stated in the report. “The revised bylaw strikes a balance between allowing residents to responsibly keep hens and ensuring neighbouring properties are protected.”

Mayor Shawn Pankow said they’re not talking about a lot of people who may be inclined to get backyard hens, but it will give those who want to do it a path forward.

Key changes to the bylaw

Among the revisions:

• No licensing or registration fees
• No mandatory site inspections
• Corner lots can keep coops in side yards
• No roof enclosure required on hen runs
• Hens can roam freely in fenced backyards
• Setbacks now apply only to property lines, not schools or places of worship

The final bylaw also lifts time restrictions on when hens can be outside their coops, simplifies coop design rules, and eliminates the need for electricity in coops.

However, some rules remain firmly in place: roosters are banned, hens can’t be slaughtered at home, egg sales are prohibited, and manure must be stored in airtight containers or properly disposed of. The bylaw also prohibits letting chickens roam onto public property.

Residents must review educational materials before bringing hens home, and tenants must have written permission from landlords.

Enforcement by complaint

Rather than routine inspections, enforcement will be complaint-driven. If a coop is found to violate the bylaw or becomes a nuisance, the town has the authority to remove the animals and coop — and bill the property owner for the cost.

Offences under the bylaw are subject to fines under the Provincial Offences Act, and obstruction of enforcement officers may also carry penalties.

Following other municipalities’ lead

Smiths Falls staff conducted a scan of backyard hen programs across Ontario, reviewing bylaws in more than a dozen municipalities, including Kingston, Toronto, Brampton, and Kitchener.

Some municipalities, like Toronto, have paused their programs due to concerns over avian flu. Others have implemented licensing fees, zoning restrictions, and mandatory inspections — but Smiths Falls opted for a less bureaucratic model.

“Our approach puts the responsibility on the hen owner without creating an administrative burden for staff or ratepayers,” said Chesebrough.

The pilot program is expected to run for one year, after which staff will report back on its success — or any fowl play.

Author: Laurie Weir