2000 Legislative Session: 4th Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
MR. CLARK
Whereas all tenants have the right to live in quiet enjoyment of their premises, free from intrusive behavior;
Whereas pet owners in British Columbia are discriminated against in their search for rental housing;
Whereas tenants should be permitted to have a pet if they meet reasonable requirements within the context of their living environment.
Whereas all pets deserve a caring, healthy, and safe home.
HER MAJESTY, by and with the consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1. This Act may be cited as Pets in Rental Housing Act.
2. This Act shall apply to multi-unit residential properties that have four (4) or more rental units.
3. The following definitions are added to Section 1 of the Residential Tenancy Act RSBC 1996 Chapter 406:
"Pet" means any domesticated animal which is possessed, harbored, kept or fed;
"Vicious or Dangerous Dog" shall mean any dog with a known propensity, tendency or disposition to attack other domestic animals or humans without provocation, including the dog breeds of Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Staffodshire Bull Terrier, American Staffodshire Terrier, Rotweiller, or any dog of mixed breeding which includes any of the aforementioned breeds, or any dog trained for dog fighting;
"Rodent" means a domesticated gerbil, hamster, rat, mouse or guinea pig.
4. Section 10 (1) of the Residential Tenancy Act RSBC 1996 Chapter 406 is amended to add:
10 (1) (c) The landlord shall not be required to do maintenance work within the residential premises occupied by a cat or dog unless the tenant is present while the work is done on these premises or the landlord and tenant agree to the contrary.
5. Section 10 of the Residential Tenancy Act RSBC 1996 Chapter 406 is amended to add:
10 (6) A tenant is liable for any damage done to the residential premises, the grounds, the common areas of any building on the property or to other premises within a building, or physical harm done to persons caused by a pet kept by the tenant or pet(s) of the tenant's guest(s).
6. Part I of the Residential Tenancy Act [RSBC] 1996 Chapter 406 is amended to add the following:
24 (1) Any tenant who keeps a pet on residential premises or within the residential property subject to this act shall comply with these terms.
(2) No tenant shall keep a pet on the premises or within the property except pets which are specifically permitted by these terms.
(3) A tenant may keep a bird, fish, rodent or rabbit as a pet on residential premises.
(4) A tenant may keep a dog or cat on the premises except a vicious or dangerous Dog; provided the landlord is notified of the presence of the dog or cat pursuant to these Terms within seven business days of the lease or rental agreement being signed.
(5) Each notification shall include:
(a) a description and photo sufficient to identify the pet,
(b) the name, address and telephone number of the tenant's veterinarian,
(c) the name, address and telephone number of a person who will care for the pet whenever the tenant is unable to do so,
(d) proof that the pet is licensed in accordance with municipal regulations where applicable,
(e) the pet's tattoo number (where applicable),
(f) a certificate of inoculation and details of all inoculations,
(g) if the pet is greater than one year in age the date on which the pet was spayed or neutered and proof that the pet has been spayed or neutered.
(6) Pets other than dogs, cats, birds, fish, rabbits and rodents may be kept on the premises if written approval has been given by the landlord.
(7) Food source animals are prohibited.
(8) Tenants shall ensure that dogs are restrained on a leash when on the grounds or in common areas of any building on the Property.
(9) Tenants shall not chain or leave dogs or cats unattended anywhere within the Property other than within the Premises.
(10) All pet litter shall be bagged and place directly in garbage bins and shall not be placed in garbage chutes or toilets.
(11) Tenants shall remove all waste deposited by their Pets within the grounds of the Property.
(12) The landlord may apply to an arbitrator for an order requiring a tenant to remove a pet from the Premises and Property or to terminate a Tenancy Agreement where:
(a) the tenant is in breach of this section;
(b) the tenant fails to care for the pet;
(c) the tenant has a pet different from the one the landlord was notified of;
(d) the pet causes noise which repeatedly disturbs other tenants;
(e) the pet generates obnoxious odors;
(f) the pet urinates or defecates anywhere within a building (other than within the Premises), within any cultivated flower or vegetable garden or within any child's play area on the Property;
(g) the pet is left unattended on the Property, elsewhere than on the Premises;
(h) the pet enters areas of the Property where entry by the pet is prohibited by these terms;
(i) the pet causes a health hazard to other tenants;
(j) the pet has bitten, clawed, aggressively pursued or otherwise harmed any person or other Pets;
(k) the pet is infested with fleas.
(13) Where these terms conflict with any municipal by-law this Act shall apply.
7. The Lieutenant Governor in Council may make regulations.
8. This Act comes into force by regulation of the Lieutenant-Governor In Council.
Explanatory Notes
This Bill provides for pets in residential premises within reasonable limits and eliminates blanket 'no pets' clauses in lease and rental agreements. It further provides Landlords with a recourse in the event that any pet becomes undesirable or a nuisance to others.
Tenants are made liable for any damages done by their pets to the premises.
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