While no-pet clauses are specifically banned in Ontario, landlords in BC are within their rights under the Residential Tenancy Act to prohibit pets in their rental units.
We aim to make accessibility for guardians with pets available in BC residential tenancies. To this extent, we communicate with the provincial government, the BC Human Rights Clinic, the Canada Landlords Association (BC chapter) and other stakeholders.
BC SPGA campaign
In 2006 Ontario decided to make residential tenancies pet-friendly. The change has been effective, better for animals because more guardians can keep or adopt animals and overall a workable solution for everyone.
A look at Ontario pet-friendly residential tenancies
In Ontario as of 2006, Section 14 of The Residential Tenancies Act (“RTA”) explicitly states:
“A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.”
(Residential Tenancies Act, 2006, SO 2006, c 17, )
Even if you sign an agreement with your landlord stating “no pets” in Ontario, this clause is still void because it would be going against section 14 of the RTA.
Why doesn't BC have pet-friendly residential tenancies?
Now, you may be wondering why landlords in BC don't have the same obligation under the BC Residential Tenancy Act as in Ontario? It's because the BC Legislature has had no reason to make changes to help BC tenants since there is no one representing them, that is, until now with the formation of the BC SPGA making changes to better the lives of pet owners and their beloved furry family members.
The BC SPGA campaign for pet-friendly residential tenancies
The BC SPGA is campaigning for a similar change to BC's Residential Tenancy Act as the provision in Ontario's Residential Tenancies Act. BCers with pets have overwhelmingly shown that - in fact, 100% of the respondents to our BC Animal Owner Survey results - that BCers are in favour of changing residential tenancies to pet-friendly. BCers want their furry family members Living with them and for those who don't have animals, the right to adopt an animal as family.
The British Columbia Residential Tenancy Act (RTA)
In the BC Residential Tenancy Act (RTA) the pet clauses are under Division 2 sections 17 and 18 as below:
Division 2 — Other Specific Terms in a Tenancy Agreement
Landlord may require security deposit
17 A landlord may require, in accordance with this Act and the regulations, a tenant to pay a security deposit as a condition of entering into a tenancy agreement or as a term of a tenancy agreement.
Terms respecting pets and pet damage deposits
18 (1) A tenancy agreement may include terms or conditions doing either or both of the following:
(a) prohibiting pets, or restricting the size, kind or number of pets a tenant may keep on the residential property;
(b) governing a tenant's obligations in respect of keeping a pet on the residential property.
(2) If, after January 1, 2004, a landlord permits a tenant to keep a pet on the residential property, the landlord may require the tenant to pay a pet damage deposit in accordance with sections 19 [limits on amount of deposits] and 20 [landlord prohibitions respecting deposits].
(3) This section is subject to the Guide Dog and Service Dog Act.
The Basics. According to section 18 of the Residential Tenancy Act, landlords are allowed to restrict pets entirely, or set limits on the number, size, or type of pets a tenant can have in their rental unit.
Tenants Resource and Advisory Centre (TRAC)
As the BC Residential Tenancy Act is presently, the landlord may prohibit pets in a Residential Tenancy Agreement and the kind or number of pets that a tenant may keep on the residential property. Not only are BC pet owners not allowed to have certain pets living with them with these restrictions, the landlord can decide on the specifics of which pet or pets are permitted if any.
The RTA was not intended to break up families or seperate loved ones from each other.
The SPGA considers the BC Residential Tenancy Act pet provisions biased, unfair and unnecessary. Surveys show that 95% of Canadians consider their pets "family members" and as the RTA is presently, landlords have the right to seperate families or deny families to live together although receiving rents, damage deposits and with a pet, a pet deposit.
The RTA currently permits the landlord to discriminate which tenants are accepted for residential tenancies based on whether a pet(s) is part of the family.
The proposed changes to the BC Residential Tenancy Act will continue to ensure that landlords are provided with the right to request pet security deposit(s) and like any other concerns have recourse to apply to the BC Residential Tenancy Branch for any related animal matters during the residential tenancy.
Proposed Changes To The BC Residential Tenancy Act
The changes that BC SPGA are campaigning for would enable residential tenants with pets to enter into residential tenancy agreements without discrimination or bias.
The two sections of Division 2 that are affected are sections 18(1), 18(1)a and 18(1)(b) as outlined in blue text below:
Division 2 — Other Specific Terms in a Tenancy Agreement
Landlord may require security deposit
17 A landlord may require, in accordance with this Act and the regulations, a tenant to pay a security deposit as a condition of entering into a tenancy agreement or as a term of a tenancy agreement.
Terms respecting pets and pet damage deposits
18 (1) A tenancy agreement may include terms or conditions to include pets.
(a) A provision in a tenancy agreement prohibiting the presence of animals
in or about the residential complex is void;
(b) Domesticated animals are allowed in a residential tenancy in compliance with municipal bylaw requirements
and restrictions.
(2) If, after January 1, 2004, a landlord permits a tenant to keep a pet on the residential property, the landlord may require the tenant to pay a pet damage deposit in accordance with sections 19 [limits on amount of deposits] and 20 [landlord prohibitions respecting deposits].
(3) This section is subject to the Guide Dog and Service Dog Act.
Municipalities in British Columbia under the Community Charter [SBC 2003] CHAPTER 26 run municipal enactments, policies and programs including animal enforcement bylaws that regulate the keeping of dogs and other animals within the City/municipality and include related provisions.
The BC SPGA endorses that BC animal guardians check with their municipal bylaws since they must be adhered to. Municipal bylaws often have provisions therein regarding owning animals, licensing animals and so forth.
Landlords have recourse under the proposed RTA changes
BC landlords will have a lot of recourse to ensure animal guardian tenants abide by the Residential Tenancy Agreements such as recourse to report to the munipality's animal bylaw enforcement section should a pet owner be in breach of the municipal bylaws or to file a complaint with the BC Residential Tenancy Branch.
It will continue to be the pet owner's responsibility to check with the municipality to ensure that the animal bylaws are complied with before entering into and during a residential tenancy.
BC Courts and Companion animals
Although it is beyond our scope to list all of the pet and animal companion court cases historically in BC there are a few recent claims that are of interest:
On May 5, 2023, in the BC Provincial court Atwal v. Randhawa 2023 BCPC 238 , Mr. Justice D. Gaffar giving Oral Reasons For Judgment (Interim Order) ruled that:[15] The jurisprudence establishes that domestic pets may have a special relationship with their owners. That relationship has been amply demonstrated in this case. Thus, while they are property, they are not considered in the same way as inanimate objects or non-domesticated pets.
And cited prior court cases regarding pets:
[16] Pet cases are a bit more unique. An animal is a living creature, not an ordinary piece of furniture: Kaczor v. Palfrey, (30 November 2012), Vancouver 12-40175 (BCPC), at para. 6. Pet ownership involves inextricable bonds between pet and human, as well as heightened emotions between pet and human – as well as between humans: Lan v. Nand, (13 November 2015), Vancouver 15-51173 (BCPC), at para. 5.
On September 12, 2023 in the BC Provincial court City of Vancouver v. Reid, 2023 BCPC 204 Judicial Justice Z. Makhdoom ruled at pp 23:
"The Disputant did not keep these birds as poultry either for eggs or meat but kept them for pure joy of companionship, I am of the view that the exception set out in s. 7.5 (b) of the Bylaw permitting keeping of no more than 12 exotic birds applies. She is entitled to keep these birds so long she complies with other provisions of the Bylaw. Respectfully, the charge against the Disputant is dismissed."
Legislation
Pet Custody Disputes under the Family Law Act
The proposed legal amendments to the B.C. Family Law Act involving “companion animals” as outlined in Bill 17-2023 has been widely publicized. The proposed amendments in Bill 17-2023 clarify that a court may make orders respecting “companion animals” in the family context, after assessing certain factors: Family Law Amendment Act, 2023, Bill 17-2023, 4th Session, 42nd Parliament, 1 Charles III, 2023, Legislative Assembly of British Columbia, at Clauses 1, 2, and 7, seeking to amend ss. 1, 3.1, and 97 of the Family Law Act.
On January 15, 2024, British Columbia will make history by bringing into force the first legislation of its kind in Canada that contains specific provisions dealing with pet custody disputes, under the Family Law Act, S.B.C. 2011, c. 25.
The changes to the Act are:
- Under section 92 of the Act, which allows spouses to make agreements respecting the division of property and debt, a Supreme Court can now uphold an agreement dealing with jointly owning a companion animal, or sharing possession of a companion animal, or provisions that give exclusive ownership or possession to one of the spouses.
- Under section 97 of the Act, which allows a Supreme Court to make orders respecting the division of property or family debt, the court may now determine ownership or right of possession of a companion animal.
- The Family Law Act now includes a provision that grants the Provincial Court the jurisdiction to deal with companion animal disputes.
A Supreme Court cannot make an order for joint custody or possession of an animal however if the court is asked to uphold an agreement under section 92 where joint custody is agreed to then that may apply.
The above changes further reinforce the concept that animals have a right to live with their loved ones and the RTA should be amended as proposed to accord with the Family Law Act.
BC SPGA's BC Animal Owner Survey results show that BC pet owners who make up over half of the BC population want pet-friendly changes to residential tenancies.
Ready to take Action? Visit our Campaign page