Passer au contenu

Soins des animaux

Pets in condos Ontario: what your declaration and the law allow

Cet article n'est pas encore traduit en français : il est affiché en anglais.

On pets in condos Ontario law is clear about one thing: a condominium corporation can prohibit pets outright or limit their number, size, weight or breed, through its declaration or its rules. Rules have to be reasonable; the declaration isn't held to that standard and is much harder to change. Service animals aren't pets, and the right to one is protected by Ontario's Human Rights Code.

So before you fall for that one-bedroom near the lake, or the rescue dog who'd be perfect in it, read the building's paperwork.

This guide explains where pet restrictions live, what they can cover, what's different for tenants, and how the Condominium Authority Tribunal handles pet disputes. It's general information from the Condominium Authority of Ontario (CAO), not legal advice.

Where condo pet rules live: declaration, by-laws and rules

Condo pet rules live in the declaration and the rules, two of the condo's three governing documents (the third is the by-laws). The CAO says both the declaration and the rules can restrict pets, but they work very differently:

Declaration versus rules for pet restrictions
DeclarationRules
Must be reasonable?Not held to a legal standard of reasonablenessYes, and consistent with section 58 of the Condo Act
How it changesUsually 80 or 90 per cent of voting units agreeing in writing, or a court orderBoard gives notice; takes effect after 30 days unless owners requisition a meeting and vote it down
Typical useRestrictions meant to be permanentDay-to-day matters, such as the number or size of pets

An Ontario condo's declaration can restrict or ban pets without having to be reasonable, and it's hard to change. A rule about pets must be reasonable.

What rules about pets in condos Ontario can cover

Quite a lot. The CAO lists the pet provisions condos commonly have: outright bans, a cap on how many pets you can have, weight, size or breed limits, where pets can be kept or taken, and where and when a leash is required on the property. That last one is the usual source of elevator and lobby arguments.

Under the Condo Act, everyone has to comply with the Act and the governing documents (section 119), no one may carry on a nuisance (section 117), and the corporation must enforce its governing documents (section 17). You can ask the corporation for copies of the documents with a request for records.

City rules apply on top. The CAO says owners and occupants have to follow both municipal by-laws and the condo's documents, so if your city allows three animals but the condo allows two, you get two. In Toronto, for example, the Municipal Code caps a dwelling unit at three dogs and six cats, and every dog and cat needs a licence.

If you rent a condo unit

Renting changes less than you'd hope. Ontario's Residential Tenancies Act says a provision in a tenancy agreement prohibiting animals in or about the residential complex is void. But that's about the lease, not the condo. The condo's own declaration and rules still apply to everyone who lives there, tenants included.

Tenants can't file a case at the Condominium Authority Tribunal either. The CAO says tenants and occupants should talk to their landlord or the condo corporation, usually so one of them files. Before you sign a lease in a condo, ask to see the pet provisions.

Service animals and emotional support animals

Service animals aren't pets. The CAO describes them as working animals that assist people with disabilities, and includes guide dogs, animals that help with mobility or psychiatric conditions, and emotional support animals in that description. An animal may be considered a service animal if it wears an easily identifiable vest or harness, or if the owner has documentation from a regulated health professional.

The right to a service animal is protected under Ontario's Human Rights Code. Disputes about accommodation, exemptions from pet provisions and support animals are among the pet cases the Tribunal sees.

When there is a dispute: the Condominium Authority Tribunal

Pet disputes go to the Condominium Authority Tribunal (CAT), an online tribunal for condo disputes. Its pet jurisdiction covers disputes about a specific provision in the governing documents that prohibits, restricts or governs pets, including:

  1. Compliance with or enforcement of the provision, such as an unleashed dog in the hallway
  2. Whether the provision is consistent or reasonable
  3. Whether the corporation followed the right process to make it
  4. Related chargebacks or compensation

Only owners, mortgagees and condo corporations can file. Cases move through negotiation, mediation and, if needed, a decision, and you don't need a lawyer. Decisions are published on the CAO's site and on CanLII, so you can read how similar pet disputes have gone before you start one.

Before you buy, rent or bring home a pet

Read the declaration and rules for pet provisions before you commit, not after. Check any limits on number, size, weight and breed against your pet now and as a full-grown adult; that fluffy puppy might blow past a weight cap by spring. Ask about leash areas, elevators and pet relief areas, and keep your pet's licence, vaccines and microchip details handy in case management asks.

Building management or a new dog walker may want proof of vaccination. The free PetGrid app makes a vaccine card and a share link that shows only what you choose. For cat owners, our guide to the Toronto cat licence covers the city side.

Questions fréquentes

Can a condo ban pets in Ontario?

Yes. A condo's declaration or rules can prohibit pets outright, and the CAO lists outright prohibitions among common pet provisions. Service animals aren't pets and are protected under the Human Rights Code.

Does the Residential Tenancies Act let me keep a pet in a condo?

Not on its own. The Act voids a no-pets clause in the lease, but the condo's declaration and rules still apply to tenants.

Do condo pet rules have to be reasonable?

Rules do: they have to be reasonable and consistent with section 58 of the Condo Act. The declaration isn't held to a legal standard of reasonableness.

Who decides condo pet disputes in Ontario?

The Condominium Authority Tribunal hears disputes about pet provisions in a condo's governing documents. Only owners, mortgagees and condo corporations can file.

Is an emotional support animal a pet in an Ontario condo?

The CAO includes emotional support animals in its description of service animals, which aren't considered pets. Documentation from a regulated health professional can help show an animal's status.

Lire les questions et réponses pour les propriétaires

En bref

With pets in condos Ontario rules come down to the paperwork. A declaration can ban or limit pets and is hard to change, rules have to be reasonable, city by-laws apply too, and service animals are protected. Read the documents before you commit, and if a dispute comes up, the Condominium Authority Tribunal is where owners and corporations sort it out.

The free PetGrid app keeps your pet's licence, vaccines and records ready for management, sitters and your vet.

Gardez les dossiers, les vaccins et les visites de votre animal dans un seul endroit sûr. L'application PetGrid est gratuite pour les propriétaires d'animaux, avec ou sans clinique.

Get the free PetGrid app

Vous avez aimé? Suivez PetGrid sur Instagram pour un conseil par jour pour votre animal de compagnie et un sourire.InstagramFacebook

Sources

Chaque fait sur un autre produit ou un autre organisme vient de ces pages, consultées à la date indiquée.