• Austin
  Leask

  Austin
  Leask

  view bio

Paw-sible exceptions to Pet Bylaws

It’s common for Condominiums to have a limit on the size, number, or species of pets an owner (or tenant) can have in a unit. But when a pet fills a role other than furry companionship, condo corporations may have additional obligations and steps to take before enforcing a pet-bylaw. When the question of Service Dogs or emotional support animals (“ESAs”) arises in pet restricted buildings, understanding the applicable legislation and legal principles can help occupants and the condo corporation work together to find a solution that doesn’t leave anyone out in the doghouse.

Pets as Property

Before delving into the legal distinction between Service Dogs and ESAs, it is important to understand the basics of animal law in Alberta. While pets are an important part of a family, Alberta law does not grant animals legal personhood. Pets are viewed as personal property and generally the pet’s owner attracts legal rights or protections, not the pet itself.

Service Dogs and Emotional Support Animals

Service Dogs are defined and regulated by the Service Dogs Act, SA 2007, c S-7.5 (the “Act”). The Act defines a Service Dog as a “dog trained as a guide for a disabled person and having the qualifications prescribed by the regulations.”[1] This means a Service Dog must have:

1. completed a training program delivered by a school or institution that is accredited by or has candidacy status with Assistance Dogs International Inc.; 
2. completed a training program by an organization approved by the Minister of Assisted Living and Social Services; or
3. passed a test administered by an organization approved by the Minister of Assisted Living and Social Services.[2]

The owner of a Service Dog usually has documentation showing the dog’s accredited status.[3]

The Act prevents a “disabled person keeping or customarily accompanied by a Service Dog”[4] from being denied the occupancy of a self-contained unit.[5] This means Service Dogs are generally an exception to pet-bylaws. Failure to comply with the Act can lead to a fine of up to $3000.[6] Fraudulently claiming to have a disability to receive protections under the Act is also an offence, with a fine up to $300.[7]

In comparison, ESAs have no statutory definition or express protections in Alberta; this makes ESAs tricky to navigate. Because ESAs support or comfort a personal with a disability an ESA may be an accommodation protected under human rights law. This is not a guaranteed outcome. The accommodation process is fact specific, and in some circumstances, it may be appropriate for a condo corporation to deny the request or to provide a different accommodation.  

What Does this Mean if an Owner or Tenant Requests an Exception?

The discussion below is based on the presumption that the party requesting the exception for a Service Dog is a disabled person as defined by the Act or in the case of an ESA, has a protected characteristic under the Alberta Human Rights Act.[8]

If the pet in question is a Service Dog, the Condo corporation should be prepared to meet its obligations under the Act and make an exception. The owner or tenant should also be willing to provide information establishing the dog is accredited and has the appropriate training. The owner or tenant should also be aware that they must control the behaviour of the Service Dog in the building, even when it isn’t working, or else the protections under the Act may no longer apply.[9]

If a pet is an ESA that would be banned by a pet-bylaw, its owner doesn’t have clear legislated protections to be granted an exception. Instead, the request should be treated like any other accommodation request. After the request is made, both parties should be prepared to engage in the accommodation process. This is a fact specific endeavour, that will require the owner to provide sufficient information to the condo corporation. For example, information about the nature of the owner’s disability, how the ESA assists with the disability, and why the ESA is the appropriate accommodation.

The condo corporation also has obligations, including:

• protecting the private information provided by the owner;
• being proactive and communicative during the accommodation process;
• being cooperative and constructively explore options;
• assessing whether the requested ESA is an appropriate accommodation.[10]

Because the condo corporation must only accommodate up to the point of undue hardship, and there is no requirement than an accommodation be the exact one requested, the party requesting an exception for ESA must be aware that their request may be denied and a different accommodation deemed more appropriate. If you are an owner, tenant, or condo corporation dealing with an accommodation request the exact process will be specific to your circumstances. This blog post cannot assess every complexity arising from the duty to accommodate, and it is recommended that you seek legal advice if you are engaged in this process. 

Closing

So, what’s the big takeaway (the legal doggy bag if you will)? For condo corporations it is important to understand the difference between a Service Dog and an ESA and how they may warrant different responses.  Owners and tenants should understand that a request for an ESA does not guarantee that an exception will be made and that the accommodation process will require work from both sides to reach a solution. If you are a condo corporation, owner, or tenant and you have questions about pet-bylaws, the accommodation process, or any other condominium related questions, please contact our team.

[1] Service Dogs Act, SA 2007, c S-7.5, s 1(c).

[2] Service Dogs Qualifications Regulations, Alta Reg 59/2017, s 1.

[3] Supra note 1, s 4.

[4] Ibid s 3(2).

[5] Ibid.

[6] Ibid, s 6.

[7] Ibid.

[8] Alberta Human Rights Act, RSA 2000, c A-25.5,

[9] Supra note 1s 3(4).

[10] Lylack v. The Owners, Strata Plan Number LMS1755 and others, 2022 BCHRT 16 at para 52 & Duty to accommodate in housing | Alberta Human Rights Commission

_{This post is meant to provide information only and is not intended to provide legal advice. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this post to be outdated.}