Pet Policies in Ontario Condos: What Your Board Can and Cannot Do
(From a Condominium Management Expert)
Practical Guidance for Smarter Governance in London & Sarnia, Ontario
Pets are one of the most emotionally charged issues a condo board will ever deal with. Whether you are fielding complaints about a large dog in a small unit, trying to enforce a no-pet clause someone claims is unenforceable, or figuring out what to do about a resident who keeps a pet despite a clear restriction, the same question comes up every time: what does the law actually allow your board to do?
Under Ontario's Condominium Act, 1998, pet policies are governed by two very different documents, and the rules around what your board can restrict, how strictly it can enforce, and where the limits lie are specific and nuanced. This article walks London and Sarnia condo boards through the legal framework, common enforcement pitfalls, and what you should have in place before the next complaint lands on your desk.
Declarations vs. Rules: The Foundation of Every Pet Policy
The first thing any board needs to understand is where its pet policy lives in the condo's governing documents. Ontario's Condominium Act, 1998 draws a clear line between declarations and rules, and that line matters enormously when it comes to pet restrictions.
A declaration is the founding document of a condo corporation. It is registered with the land registry office and is extremely difficult to change, requiring approval from at least 80% of all unit owners and mortgagees. If your declaration contains a no-pet clause, that clause carries significant legal weight. Courts have generally upheld no-pet declaration clauses as enforceable. In a widely referenced 2010 Ontario Superior Court decision (TSCC No. 1628 v. Korolekh), a no-pet clause registered in a condominium's declaration was upheld against an owner who argued it was unreasonable.
Rules, by contrast, are passed by the board under Section 58 of the Condominium Act. They are easier to create and amend, but they must be reasonable and consistently applied. A pet restriction that exists only in the rules is still enforceable, but it is more vulnerable to challenge if it is vague, inconsistently applied, or out of step with what courts and tribunals consider reasonable.
The practical implication for boards in London and Sarnia: know exactly where your pet policy is documented, and review whether that language is current, specific, and supported by your governing documents.
What Your Board Can Legally Regulate
Even where a complete ban is not in place, Ontario condo boards have meaningful authority to manage pet-related issues through their rules. Reasonable restrictions that boards can implement and enforce include:
• The number of pets permitted per unit (one or two is common)
• Weight or size limits, though these are increasingly scrutinized by tribunals for consistency of application
• Restrictions on specific uses of common elements, such as which entrances dog owners must use or which outdoor areas are pet-free
• Requirements for pets to be leashed or carried in all common areas
• Responsibility for waste removal, with specific procedures for non-compliance
• Noise-related expectations tied to your building's general nuisance rules
The key is that any restriction must be applied consistently. Boards that enforce a weight limit against one owner while ignoring a larger dog in another unit open themselves up to Human Rights complaints and tribunal applications. London Ontario boards working with Sapphire often ask whether they can grandfather in existing pets when a new rule is passed. The answer under Section 58(4) of the Condominium Act is yes: rules cannot require an owner to dispose of an animal already kept in the unit before the rule came into force.
For more on how boards manage common area rules and resident conflicts, read our guide: Noise Complaints in Ontario Condos
What Your Board Cannot Do: Service Animals and the Human Rights Code
This is not legal advice, but generally speaking under Ontario law, no pet policy -- regardless of how it is worded or where it appears in your governing documents -- can prohibit a resident from keeping a certified service animal. The Ontario Human Rights Code requires condo corporations to accommodate residents who rely on service animals for disabilities, and this obligation takes precedence over any rule or declaration clause.
Service animals are not the same as emotional support animals, though the latter category is growing and boards regularly ask where the line is. The distinction matters legally. Certified guide dogs and service animals trained by recognized organizations carry defined protections under provincial law. Emotional support animals may still require accommodation depending on the circumstances, but the board has more discretion and documentation can be requested.
Selective enforcement is also a significant risk. If your board enforces a no-pet rule against some residents but not others, you are vulnerable to complaints under both the Condominium Act and the Human Rights Code. At Sapphire, we find that boards who document every notice sent, every response received, and every exception granted are far better positioned when a dispute escalates.
Enforcement and the Condominium Authority Tribunal
When a pet-related dispute cannot be resolved informally, Ontario condo boards have a formal path available through the Condominium Authority Tribunal (CAT). Effective November 2021, the CAT's jurisdiction was expanded to include disputes related to pets, vehicles, parking, and storage, making it the primary venue for these matters in Ontario.
The CAT process moves through three stages: online negotiation, mediation, and adjudication. Boards can bring applications when an owner refuses to comply with a properly enacted pet rule or declaration clause. Owners can also bring applications against boards they believe are enforcing rules unfairly or selectively.
Before filing with the CAT, boards are expected to have made a genuine effort to resolve the dispute. Having a written enforcement trail -- notices, response deadlines, documented follow-ups -- makes this stage significantly smoother and demonstrates that the board acted in good faith. Condo corporations that are found in breach of their enforcement obligations can face compliance orders and cost awards.
For more on how governance processes affect your board's ability to enforce the rules it passes, read our guide: Condo Board Elections in Ontario: What Every Director Should Know
Frequently Asked Questions
Q: Can a condo board in Ontario ban all pets in a building?
A: This is not legal advice, but generally speaking under Ontario law, a board cannot ban all pets through rules alone. A complete ban requires a clause registered in the declaration, which needs approval from at least 80% of unit owners and mortgagees to put in place or change. Even with a declaration-level ban, service animals must still be accommodated under the Ontario Human Rights Code. If your building is considering a no-pet policy, review your declaration and consult a condominium lawyer before proceeding.
Q: What should a condo board in London Ontario do if a resident gets a pet that violates the rules?
A: Start by sending a written notice that identifies the specific rule being violated and sets a reasonable deadline for compliance. Document every step of this process. If the owner does not comply, the board can apply to the Condominium Authority Tribunal. Boards in London and Sarnia that maintain consistent, well-documented enforcement records are far better positioned in tribunal proceedings than those who act informally or inconsistently.
Q: Can a condo board require proof that an animal is a service animal in Ontario?
A: In most cases, yes. A board is permitted to request documentation confirming the nature of the disability and the role of the animal, though it cannot require disclosure of a specific diagnosis. The request must be made in good faith as part of an accommodation process, not as a barrier. This is not legal advice; boards dealing with complex accommodation requests should consult a human rights lawyer or their condominium management company.
Related Reading
→ Noise Complaints in Ontario Condos
→ Condo Board Elections in Ontario: What Every Director Should Know
→ Short-Term Rentals in Ontario Condos: What Every Board Needs to Know