Can a Strata in British Columbia Ban Pets? Pet Bylaw Rules

Pets are one of the most common sources of strata disputes. You may already have a dog or cat, or you may be buying and want to know whether your pet will be welcome.

In British Columbia, the answer depends on the bylaws of your particular strata. This article explains the default rule, how a strata can change it, what protects existing pets and how to check before you buy.

This article covers the law of British Columbia.

The default rule and how a strata can change it

Under Standard Bylaw 3(4), owners, tenants and occupants may keep only a reasonable number of fish or small aquarium animals, a reasonable number of small caged mammals, up to two caged birds, or one dog or one cat.

A strata can amend or repeal that bylaw at any time by passing its own pet bylaw and filing it in the Land Title Office, and the amendment needs a 3/4 vote under s. 128. So some stratas allow more pets, some allow fewer and some prohibit pets altogether.

A bylaw is unenforceable to the extent it contravenes the Act, the regulations, the Human Rights Code or other law.

Protections for existing pets and service animals

• Existing pets: under s. 123(2), a bylaw prohibiting a pet does not apply to a pet already living with an owner, tenant or occupant immediately before the bylaw was passed, if not in breach of an earlier ban, and which continues to live there.
• The date that counts is when the bylaw was passed, not when it was filed.
• A replacement pet must meet the new bylaw.
• Guide and service dogs: a bylaw prohibiting or restricting pets does not apply to a guide dog or service dog, or a retired one on a team where the handler is an owner, tenant or occupant.
• Disability needs: stratas also have a Human Rights Code duty to accommodate disabilities, which may include therapy or companion animals.

Whether your situation fits these protections depends on dates and facts, so keep proof of when your pet came to live with you.

How to check before you buy

Do not rely on a listing or a verbal assurance. Ask for the bylaws and rules, and read them for pet terms. Within one week of a request, the strata must give an owner, a purchaser or a person authorized by either an Information Certificate (Form B). Form B discloses unfiled bylaw amendments, and the rules must be attached.

A buyer with an agreement to buy a strata lot not yet conveyed can request it, and the agreement does not have to be unconditional, so a buyer in the subject-removal period can ask. The Form B fee is capped at $35 plus photocopying, which is capped at 25 cents per page.

The Land Title Office general index shows filed bylaw amendments. Also read recent minutes, because they can show a pet bylaw vote under discussion. If the strata has sections, a Form B should be requested from both the strata corporation and the relevant section.

Fines and demands to remove a pet

If the strata says you are breaking the pet bylaw, it generally must follow the fine process. The bylaws must state a maximum fine, and the strata may fine only after receiving a complaint, giving written particulars and a reasonable opportunity to answer, including a hearing if you request one. Ordinary fines are capped at $200 per bylaw contravention.

A strata cannot register a lien for fines or remedy costs. A demand that you remove a pet is more serious, and what the strata can do depends on the bylaw, your facts and the protections above. Get legal advice before you act on such a demand.

What to do next

• Get the current bylaws and check the date each pet bylaw was passed.
• Collect proof of when your pet came to live with you, such as vet or adoption records.
• If buying, request the Form B and the rules before removing subjects.
• If you use a service dog or need an accommodation, put your request to the strata in writing.
• If you receive a fine or removal demand, respond in writing, ask for a hearing and speak with a lawyer.

Frequently asked questions