- Both the declaration and the rules can restrict or ban pets, and a declaration restriction is not subject to the reasonableness test for rules.
- You must keep complying with the governing documents while you try to change them.
- Service animals are not pets, and accommodation disputes go to the Human Rights Tribunal of Ontario.
A letter from the condo board says your dog has to go. It is a stressful moment, and the first question is usually whether the board can actually require that.
The answer depends on your building's governing documents. This article explains where pet restrictions can come from, what enforcement can look like, and where disputes get decided in Ontario.
Where pet restrictions come from
Both the declaration and the rules can restrict or ban pets. Which one contains your restriction matters a great deal.
| Source | Reasonableness test? | How it changes |
|---|---|---|
| Rules | Yes, must be reasonable and consistent with the Act, declaration and by-laws | Board notice process, with owner right to requisition a meeting |
| Declaration | No, a pet restriction in it is not subject to that test | 80% of units to consent, or 90% for certain changes |
Whether existing pets are exempt from a new restriction depends on how the provision is written, so read the wording closely.
How a board makes or changes a pet rule
A rule has to aim to promote the safety and welfare of owners and property, or to prevent unreasonable interference with the use of units, common elements or assets. It must also be reasonable and consistent with the Condominium Act, the declaration and the by-laws.
To make or change a rule, the board must send owners the proposed rule, its suggested start date, a reminder of the right to requisition a meeting, and copies of sections 46 and 58 of the Act. The rule takes effect 30 days after notice unless owners requisition a meeting.
Rules do not need to be registered, unlike the declaration and by-laws. That can make it harder to tell which version is current, so ask the board or management for the full, up-to-date set.
- The exact wording of the proposed or current pet rule.
- The suggested start date in the notice.
- The reminder about the right to requisition a meeting.
- The date the notice was sent, so you can work out when the rule would take effect.
What enforcement can look like
An owner who is asked to deal with a pet issue must keep complying with the governing documents while trying to change them, for example through an owner-requisitioned meeting. Owners or the corporation may file a Tribunal case against an owner who does not comply.
The Condominium Authority Tribunal can decide disputes about pet provisions, including:
- Compliance and enforcement.
- Whether a provision is reasonable and consistent.
- Whether the right process was used to make it.
- Related chargebacks.
It cannot deal with a pet dispute that is not tied to a specific provision. A letter from the board is not the same as a Tribunal decision. Whether a particular demand can be enforced depends on the wording of the provision and how it was made, so it is worth confirming with a lawyer.
Service animals and tenants
Service animals are not pets. Their accommodation is protected by Ontario's Human Rights Code, and accommodation disputes go to the Human Rights Tribunal of Ontario. The Condominium Authority Tribunal can hear Code issues only when they are part of a dispute already within its jurisdiction. If you are unsure whether your animal counts as a service animal or a pet, that depends on your facts, so it is worth confirming with a lawyer.
Tenants face a different risk. A tenant who keeps a pet against the condo's governing documents may face consequences at the Landlord and Tenant Board, including eviction. That is so even though a 'no pets' clause in a lease is void under the Residential Tenancies Act.
Trying to change the pet rule
If the restriction is in a rule, owners can requisition a meeting. The requisition must be in writing, state the topics, be signed by owners of at least 15% of the voting units, and be delivered to the board. Tenants cannot sign it, and neither can owners who are 30 days or more in arrears. The board must then hold a meeting and vote within 35 days, decided by a majority of votes cast.
If the restriction is in the declaration, change is harder because amendments need 80% of units to consent, or 90% for some changes.
What to do next
- Get the current declaration, by-laws and rules and find the exact pet wording.
- Note whether the restriction is in the declaration or a rule, and when it was made.
- Keep the board's letters and your replies.
- If the animal is a service animal, raise accommodation in writing and consider the Human Rights Tribunal of Ontario route.
- Keep complying while you pursue a change or a Tribunal case.
- Speak with a lawyer before the dispute escalates, as outcomes depend on the wording and the facts.
Frequently asked questions
Can a condo declaration ban pets entirely?
Yes. Both the declaration and the rules can restrict or ban pets, and a pet restriction in the declaration is not subject to the reasonableness test that applies to rules.
Can I keep my dog while I fight the rule?
You must keep complying with the governing documents while you try to change them, and owners or the corporation can file a Tribunal case against an owner who does not comply.
Is an emotional support or service animal treated as a pet?
Service animals are not pets, and their accommodation is protected by Ontario's Human Rights Code. Disputes generally go to the Human Rights Tribunal of Ontario. Whether an emotional support animal is treated the same way depends on your facts and your building's documents, so it is worth confirming with a lawyer.
Where is a pet dispute decided?
The Condominium Authority Tribunal can decide disputes about pet provisions in the governing documents, such as compliance, reasonableness and process. It cannot hear a pet dispute that is not tied to a specific provision.
Sources
- Condominium Authority of Ontario – Rules — condoauthorityontario.ca
- Condominium Authority of Ontario – Owner-Requisitioned Meetings — condoauthorityontario.ca
- Condominium Authority of Ontario – The Declaration — condoauthorityontario.ca
- Condominium Authority of Ontario – Pets and Animals Step 4: Condominium Authority Tribunal — condoauthorityontario.ca
- Condominium Authority of Ontario – I need accommodation related to a pet issue — condoauthorityontario.ca
- CAO Condo Tenants' Guide — condoauthorityontario.ca
- Condominium Authority of Ontario – I have been contacted by my condo board about my pets — condoauthorityontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a real estate question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.