CCI Review - 2020/2021 - #3

of non-records related matters to date. I have also been surprised by the speed with which our matter is moving forward, particularly since the COVID-19 pandemic has led to other administrative bodies and the courts experiencing significant delays. Jennifer — What kind of rules/policies should the Board consider to make sure there are as few loopholes as possible for pet rule enforcement? Laura — A condo corporation’s board has a responsibility to enforce its rules in a balanced way so as to ensure that all of the owners and tenants can enjoy their units. By that I mean, the Board should ensure there is a process in place to investigate, assess and confirm whether a genuine problem exists and, if yes, to take steps to identify the individual responsible before either acting or refusing to act upon any claim, complaint or compliance issue. Having a written enforcement policy or procedure, consistently followed will assist Boards and managers defend their actions from claims of oppression or unfair application of the pet rules. Kristi — Pet enforcement is always a very sensitive and difficult matter. As such, I strongly recommend that condominium corporations take the time to carefully review their governing documents, including their declaration and rules, to firstly confirm that they include pet provisions and if so, that they are clear and adequately address the various pet issues that may arise in their community. These issues may include:

permanently removed from a corporation.

If the condominium’s governing documents do not contain pet provisions and/or they need to be amended, we always recommend that the proposed pet provisions be reviewed by the corporation’s lawyer to ensure that they are reasonable and comply with the Condominium Act . Lastly, it is important to remember that pursuant to the Act, a Board is required to take all reasonable steps to ensure that all residents comply with the pet provisions in their governing documents and that such enforcement be undertaken in a fair and equitable manner. Jennifer — Knowing that service animals can be an exception to the Corporation’s rules, what kind of documentation can Boards ask for, for service animals? Laura — Currently there are no report CAT cases about animals or service animals. I expect the CAT will shortly be required to deal with these issues. As hopefully everyone knows, the condo corporation has a duty to accommodate pursuant to the Human Rights Code which supersedes the Rules. There are limits to what medical documentation a condo corporation can request to establish that the unit owner or occupant has a disability. Generally speaking, the condo corporation cannot ask the exact nature of the diagnosis or medical treatment the owner/occupant is receiving be disclosed, but the doctor/medical provider should be able to confirm that the individual has a medical need for the dog or other service animal and that the need relates to or is connected to a disability as defined by the Human Rights Code . As there are significant repercussions under the Human Rights Code I strongly urge a condo corporation to seek legal advice if it is not certain of their rights and obligations to accommodate. The Ontario Human Rights Commission has published a Policy setting out the medical documentation to be provided when a disability- related accommodation request is made by an individual. The Policy is available online here . Condominium managers and boards who receive medical documentation that an animal is a service animal should not use their own assumptions, biases,

Whether any pets can be kept in a unit;

• If so, the type and number of pets that can be kept in a unit; • Height and weight restrictions of any pets being kept in a unit; • A prohibition against the breeding of any animals in a unit or on the common elements; • Where on the common elements a pet may be permitted to be taken; • A requirement that all pets be on a leash at all times when on the common elements; • A requirement that all animal waste be immediately cleaned up from the common elements; and • When a pet can be deemed a nuisance and be

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