Upon further review of the Bylaw Definitions, the County will be updating to clarify that Specified Residential Areas DOES NOT include Acreage Residential. The new proposed definition will be as follows:            

Specified Residential Area(s) (SRA) means individual residential developments or areas that are zoned within the County of Newell Land Use Bylaw consisting of Grouped Rural Residential and/or Hamlet Residential. Residential developments zoned as Direct Control Districts are excluded.

Parcels of land zoned Agricultural General District (A-GEN) are NOT affected by the proposed changes. If you would like to know what your parcel is zoned as, visit the County Public Web Map on the website at https://www.countyofnewell.ab.ca/p/map-room. Zoom to your parcel and click on the parcel to see the zoning.

There are approximately 158 residential parcels affected by the proposed changes regarding livestock. Prior to launching the survey, the County sent out letters to each affected resident notifying of  the proposed changes. If you did not receive a letter in the mail from the County regarding these proposed changes, then your property should not be affected. If you believe you are affected or you are unsure and have concerns please do not hesitate to contact our office for clarification. Please find below a list of the Grouped Rural Residential Subdivisions and Hamlet Residential areas affected by the proposed changes regarding keeping of livestock. The County  encourages all landowners within the County of Newell to take the survey so that County Council can make an informed decision regarding all the proposed changes.

SUBDIVISIONS:

HAMLETS:

Upon review of other Animal Control Bylaws within Alberta, the proposed changes are based on standard  practices throughout Rural Municipalities in Alberta.

Upon review of other Animal Control Bylaws within Alberta, the proposed changes are based on standard  practice throughout Rural Municipalities in Alberta.

For clarity, Section 9(2) Keeping of Urban Chickens only applies to those living in a specified residential area, which under the revised definition applies to landowners in a Hamlet or Grouped Rural Residential (Subdivisions) area. Please refer to question 3 for the list of Hamlets and Subdivisions affected. The slaughter of a hen(s) on property was put in place as part of the original Urban Chicken Bylaw in 2019. It was thought this condition be appropriate as there are federal and provincial government laws and regulations in place that must be adhered to, including the Canadian Food Inspection Agency, and that slaughter on property in Hamlets and Grouped Rural Residential were not a good fit as issues were likely to arise between neighbours.

The slaughter of chickens can be a discussion point with County Council to determine if this would be acceptable at time of second reading of the bylaw. As part of the discussion Council will be presented with federal and provincial government laws and regulations.

None of these conditions are proposed to be changing in the consolidation of the bylaws.

Please note that under the Animal Health Act, all poultry owners are required by law to apply for a Premises Identification (PID) Account and obtain a PID Number for the premises where the poultry are located. This is required for purposes of tracing animals, effectively managing a disease outbreak, responding to natural disaster, and notifying animal owners in emergencies.

Section 9(2) Keeping of Urban Chickens only applies to those living in a specified residential area, which under the revised definition applies to landowners in a Hamlet or Grouped Rural Residential (Subdivisions) area. Please refer to question 3 for the list of Hamlets and Subdivisions affected.  

None of these conditions are proposed to be changing in the consolidation of the bylaws.

The sale of eggs can be a discussion point with County Council to determine if this would be acceptable at time of second reading of the bylaw. As part of the discussion Council will be presented with federal and provincial government laws and regulations.

Schedule A of the proposed bylaw applies to those living in a specified residential area, which under the revised definition applies to those living in a Hamlet or Grouped Rural Residential (Subdivisions) area. Please refer to question 3 for the list of Hamlets and Subdivisions affected.  

Proposing a limit to the number of livestock on smaller parcels of land in Hamlets and Grouped Residential Subdivision areas is due to complaints from neighbours being received and for a variety of reasons. The close proximity of neighbours, livestock odour, noise, tracing animals, effectively managing a disease outbreak, responding to natural disaster, and notifying animal owners in emergencies  are some key reasons. Your feedback assists County Council in its decision making. What number of livestock is appropriate in a Hamlet, which could be different in a Grouped Residential Subdivision, which could again be different based on which Grouped Residential Subdivision as parcel sizes differ significantly from one to another, so it ties back to separation distance from neighbours and tolerance of neighbours. This is why public engagement and participation is necessary in decision making.

Currently, no decision has been on grandfathering. This can be a discussion point with County Council to determine if this would be acceptable at time of second reading of the bylaw.

Please note that Schedule “A” only applies to those living in a specified residential area which under the revised definition applies to landowners in Hamlets or Grouped Rural Residential (Subdivisions) area. Please refer to question 3 for the list of Hamlets and Subdivisions affected.

In Schedule “A”, one animal unit references the number of animals allowed per acre in accordance with the second chart in Schedule “A”. The second chart refers to the number of animals equaling 1 animal unit.

Taking the number of animal units allowed per acre and multiplying it by the number of animals allowed in chart two will give you your maximum number of animals allowed.  

For example, if you owned 5 acres of land, you are permitted to have 3 animal units which means you can have 6 pigs (3 animal units x 2 pigs) OR 3 cows (3 animal units x 1 cattle) OR 3 Horses (3 animals units x 1 horse).

The above chard is a sample from Chart 2 in Schedule “A” of the proposed bylaw. Please refer to the bylaw for the full list.

Yes, you can. You can “mix and match” all you want as long as you are within your number of animal units allowed on your number of acres.

Using the example from question 10, if you have 5 acres, you can have 3 animal units which mean you can have 1 cow, 1 horse and 1 donkey, OR 2 pigs, 1 horse and 1 cow, OR 2 pigs and 2 horses.  

Carrying capacity only refers to those living in a specified residential area with more than 24.71 acres of land. Carrying capacity describes the average number of animals that can be placed on a pasture for a season without harming it.

No, the proposed changes to the existing Animal Control Bylaw have only been given first reading by Council on January 26, 2023.

The passing of a Bylaw must adhere to the Municipal Government Act (MGA) of Alberta, Chapter M-26, Part 2 Bylaws, Division 1, 2 and 7 including Division 9 Passing a Bylaw, and Part 7 Public Participation.

As it applies to the consolidation of the current Animal Control and Urban Chicken Bylaws under the MGA Revising bylaws 63 states:

“(1)A council of a municipality may, by bylaw, revise any of its bylaws or any one or more  provisions of them in accordance with this section.

(2) A bylaw under this section may

(c) combine 2 or more bylaws into one bylaw, divide a bylaw into 2 or more bylaws, move provisions from one bylaw to another and create a bylaw from provisions of one or more other bylaws;”

Furthermore the MGA Division 9 Council Proceedings Requirements for Valid Action, Requirements for valid bylaw or resolution 181 states: 

“(1)A bylaw or resolution of council is not valid unless passed at a council meeting held in public at which there is a quorum present.”

Lastly, the MGA Division 9 Passing a Bylaw, Bylaw readings 187 states:

“(1) Every proposed bylaw must have 3 distinct and separate readings.

(2) Each councillor present at the meeting at which first reading is to take place must be given or  have had the opportunity to review the full text of the proposed bylaw before the bylaw receives first reading.

(3) Each councillor present at the meeting at which third reading is to take place must, before the proposed bylaw receives third reading, be given or have had the opportunity to review the  full text of the proposed bylaw and of any amendments that were passed after first reading.

(4) A proposed bylaw must not have more than 2 readings at a council meeting unless the councillors present unanimously agree to consider third reading.

(5) Only the title or identifying number has to be read at each reading of the bylaw.”

Therefore, following Council approving First Reading triggered the public engagement process. County Administration follows the Public Participation & Communications policy, as approved by Council, for public engagement purposes. The public is encouraged to participate by completing the survey. County Administration will then compile the survey results, following the March 24 deadline, including drafting a second Request for Decision (RFD) for presentation at a future Council Meeting. The date for which Second Reading is to take place has not been determined as public participation has been excellent, and Administration will need some time to compile the results for Council. Administration anticipates being ready for the April 20 Regular Meeting of Council.

As per the MGA, County Council can pass bylaws. The Municipal Enforcement Department may only propose and recommend changes to bylaws, including enforcing bylaws once passed by Council.

Now that the survey is closed, the next step will be to compile responses for Council’s review. Over 150 responses were received and County Administration will organize the responses in a meaningful,  transparent way. Please note that when the responses go to Council for review, all personal information will be redacted as per the Freedom of Information and Protection of Privacy (FOIP) Act. There will be changes to the proposed bylaw based on the responses received. 

Therefore, second reading on the proposed bylaw has not been scheduled and County Administration will keep everyone informed through the website and social media as to when it will be going to Council.