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#19069
CHILD’S NEW COMFORT DOG exempted from STRATA DOG BAN despite owner votes : B.C. Rights Tribunal 2020/05/03 20:07  
not legal advice

Diabetic & anxious B.C. minor’s NEW mere comfort dog – NOT A WORKING SERVICE DOG - gets specific exemption from pre-existing strata dog ban contained in a STRATA BY-LAW.

That’s ruled on medical-psychiatric evidence despite strata owners’ votes to reject either abolishing the dog ban totally or empowering strata Board to exempt case-by-case on medical or psychiatric grounds
.


May 2/20 Georgia Straight “Legal rights when living in a condo with your emotional-support animal” by lawyer Rebeka Breder https://www.straight.com/news/rebeka-breder-legal-rights-when-living-in-a-condo-with-your-emotional- support-animal

Ms Breder's article links to Rights Tribunal adjudication not yet at canlii.org. Parties are not identified :

Daughter by Parent v. The Owners, A Strata, 2020 BCHRT 105” - file 19762 issued April 29/20
http://www.bchrt.bc.ca/shareddocs/decisions/2020/apr/ 105_Daughter_by_Parent_v_The_Owners_A_Strata_2020_BCHRT_105.pdf

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Note that this new comfort dog NOT only was NOT a certified Service Animal, but also otherwise not a pre-existing dog "in situ" and thus NOT otherwise entitled to any grand-fathering exemption restricted onto NEW INCOMING bylaws within BC’s Strata Property Act, SBC 1998, c 43 http://canlii.ca/t/543qk

s 123 Limits to pet and age bylaws

123 (1) A bylaw that prohibits a pet does not apply to a pet living with an owner, tenant or occupant at the time the bylaw is passed and which continues to live there after the bylaw is passed.

(1.01) 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.

(1.02) In subsection (1.01), "guide dog", "retired guide or service dog team" and "service dog" have the same meaning as in the Guide Dog and Service Dog Act.

(1.1) Without limiting a strata corporation's power to pass any other bylaws, a strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.

(2) A bylaw that restricts the age of persons who may reside in a strata lot does not apply to a person who resides in the strata lot at the time the bylaw is passed and who continues to reside there after the bylaw is passed. - again not legal advice.
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