123 Limits To Pet Bylaws | Land Title Practice Manual

In This Volume

123 (1) In this section, “guide dog”, “retired guide or service dog team” and “service dog” have the same meaning as in the Guide Dog and Service Dog Act.

(2) A bylaw that prohibits a pet does not apply in respect of a pet living with an owner, tenant or occupant if

(a)
immediately before the bylaw was passed,
- (i) the pet lived with the owner, tenant or occupant, and
- (ii) by living with the pet, the owner, tenant or occupant was not contravening any bylaw prohibiting a pet, and
- (iii) the pet continues to live with the owner, tenant or occupant after the bylaw is passed.

(3) A bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to a strata lot or common property does not apply to

(a) a guide dog or service dog, or
(b) a dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.

1998-43-123, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-18, effective December 11, 2009 (B.C. Reg. 312/2009); 2015-17-16, effective January 18, 2016 (B.C. Reg. 223/2015); 2022-41-15, effective November 24, 2022.

REGULATIONS

Standard Bylaws and Application of Section 123(1)

Section 3(4) of the Schedule of Standard Bylaws restricts the number and kinds of pets that an owner, tenant, or occupant may keep on a strata lot. Section 17.12 of the Strata Property Regulation, B.C. Reg. 43/2000, provides that if s. 3(4) of the Schedule of Standard Bylaws is deemed a bylaw of a strata corporation, s. 123(2) applies as if that deemed bylaw were passed on January 1, 2002. The Strata Property Regulation is included at chapter 58 (Strata Property Regulations).