August 2022
Communities can establish by-laws prohibiting pets from their buildings while granting accommodation for recognized service animals.
Ontario and Alberta recognize the unfairness of allowing some residents to “work around” by-laws, laws and policies.
In Alberta, qualified service dogs must be registered with an organization accredited under Alberta’s Service Dogs Act, 2007. The government issues a card documenting that a service dog is “qualified” under the Act. The dog must successfully complete a training program delivered by an accredited institution or part of a “Qualified List” designated by the government.
The Ontario approach is more confusing. There are no registration or training requirements. An animal (any type) is considered a service animal if apparent the animal is used for reasons relating to a disability; or a letter from a physician or nurse confirms the animal is required for disability-related reasons.
The Ontario approach allows for greater uncertainty and abuse. Some residents claim service animal status, or emotional support animal status, in an effort to keep pets in contravention of building restrictions. They may obtain the required letter from some distant practitioner never having met the individual or pet. This is unfair to residents that comply with pet restrictions, finance due diligence required of management to enforce restrictions, and subjected to pet-related problems from residents circumventing restrictions.
