Item - 2023.EC3.4

The Economic and Community Development Committee recommends that:  

1. City Council amend Toronto Municipal Code, Chapter 349, Animals, as follows:

a.    Remove section 349-4.1 Hens pilot program.  

b.    Remove Schedule B – Zones for Hens Pilot Project

c.    Amend section 349-4L by adding:

“(3) Where a person was lawfully keeping a hen or hens as part of the Hens pilot program within permitted areas of the City, that person may continue to keep that hen or those hens until they have died despite the end of the pilot provided:

(a)  the person continues to keep the hens at the location approved by the City and in accordance with the terms and conditions of the pilot and their agreement with the City;

(b)  the Executive Director, in consultation with the Medical Officer of Health, has not determined that the keeping of the hen or hens jeopardizes public health, the health of the hen or is causing community disruption; and

(c)  The person provides the Executive Director with information on their hens upon request so as to clearly identify them as well as any other information as requested by and to the satisfaction of the Executive Director.

2. 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.

This report outlines the results of further consultation on proposed changes for the UrbanHensTO backyard hens pilot program and responds to Council’s request to consider next steps for the program, including whether to expand the program City-wide and make it permanent. The pilot program expires on May 31, 2023. While the limited uptake in the pilot program has not resulted in any significant issues since its introduction in 2018, given the considerable costs and resource impacts required to safely administer a City-wide program and the emerging concern of the highly pathogenic avian influenza (HPAI), this report recommends that the UrbanHensTO backyard hens pilot program concludes, and that consideration for further extension, expansion or making the program permanent be paused indefinitely.

Toronto Municipal Code Chapter 349, Animals, prohibits animals in the order Galliformes (which includes hens), with the exception of hens registered under the UrbanHensTO pilot program and on lands zoned agricultural. The UrbanHensTO backyard hens 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 duration and permitted areas of pilot program have been extended several times since 2018. The pilot program is currently permitted in Wards 4, 9, 10, 11, and 19, and parts of Wards 2, 3, 8, 12 and 14. The current structure of the pilot program is not sustainable. No user fees were introduced for the pilot program, and the program has been operating within existing staff resources since its inception.

In 2022, as part of EC28.10 - Final Recommendations on the UrbanHensTO Backyard Hens Pilot Program, staff recommended that a permanent and City-wide program be formalized based on the results of the pilot. Participants identified positive benefits, and there continues to be public support for hen keeping amongst Toronto residents. Overall, there were no significant issues with the pilot program and complaints related to the pilot and hen keeping city-wide were low. However, with growing concerns related to the potential rise of Highly Pathogenic Avian Influenza (HPAI), the costs of an expanded program, as well as the potential for nuisance and rodent issues, Council extended the pilot program for one year and directed staff to conduct further consultations and report back in 2023.

HPAI continues to spread among wild and farmed birds globally. HPAI is a risk to commercial poultry operations and increasing the number of backyard coops may increase the risk of disease transmission. Staff recommend working to reduce exposure to potentially infected hens and/or other wildlife to respond to HPAI as well as other enteric diseases, which can be carried by backyard poultry and cause a variety of illnesses in people.

In addition to emerging concerns related to HPAI, there are additional current operational and animal welfare challenges. There are a limited number of veterinarians in the city able to provide appropriate care for hens and access to a veterinarian is critical to ensure a prompt response to HPAI and other emergency care. As well, the resources and costs required to mitigate community safety and sanitary concerns are significant.

Should the program be extended, expanded, or made permanent, significant resources would be required to support proactive responses to animal health and welfare, including strict biosecurity measures by all participants and more frequent and thorough inspections by City staff. This would be above what staff recommended in 2022 to support an expanded and permanent program, which included annual flock registration, an initial site inspection by Toronto Animal Services (TAS) staff, submission of a hen enclosure site plan, payment of registration and annual renewal fees, and a mandatory education course. For example, an expanded City-wide program would require a cost increase of 42% compared to the estimates provided in the previous staff report (2022.EC28.10). To support these extensive licensing and compliance activities, user fees would also need to be introduced at a significantly higher level than initially anticipated.

If the pilot program concludes, and consideration for further extension, expansion or making the program permanent is paused indefinitely, hen keeping would continue to be permitted in lands zoned as agricultural and any households currently participating in the program would be permitted to keep their hens, in accordance with the terms and conditions of the pilot program, until the end of the animals’ lives.

This report was developed in consultation with Toronto Public Health (TPH).