Because your medical needs don’t end at the condo lobby
📜 1. The Human Rights Code, R.S.O. 1990, c. H.19
Section 2(1): “Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of… disability.”
🧾 What this means:
Condo boards cannot treat you differently because of a disability – including by denying access to your service animal. Housing providers (including condo corporations) are legally required to accommodate people with disabilities up to the point of undue hardship – and inconvenience or “pet rules” don’t count.
Section 11(1): “A right… is infringed where a requirement… results in the exclusion… of persons with disabilities, unless it is demonstrated that the requirement is reasonable and bona fide.”
🧾 What this means:
Even if a condo rule appears neutral – like “No Pets” – it can still be discriminatory if it negatively affects people with disabilities. Boards must adjust or waive rules that create barriers, unless they can prove it’s absolutely necessary and can’t be changed without causing serious harm (which is rare).
👩⚕️ 2. Documentation: What Can Be Asked
From Ontario Human Rights Commission (OHRC) Policy on Ableism and Discrimination Based on Disability:
“The type of information that can be requested includes:
– that the person has a disability
– that the disability requires a service animal…
Service animals do not need to have special certification.”
🧾 What this means:
The board cannot demand medical records, diagnosis details, or proof of training from a specific school.
All they are entitled to is a letter from a doctor or regulated health professional saying:
“This person has a disability and needs a service animal to help manage it.”
That’s all.
⚖️ 3. Duty to Accommodate in Good Faith
Supreme Court of Canada in Central Okanagan v. Renaud, [1992] 2 SCR 970:
“Both parties have a duty to cooperate in the accommodation process.”
🧾 What this means:
Accommodation is not optional, and both sides have responsibilities. The person requesting accommodation must provide basic info. The board must then respond quickly, respectfully, and in good faith.
If the board delays, avoids, or treats the request as suspicious — they may be in breach of the law.
🧯 4. Undue Hardship: The Only Real Limit
Human Rights Code, Section 17(2):
“The test for undue hardship must consider only cost, outside sources of funding, and health and safety requirements.”
🧾 What this means:
A condo board can only refuse accommodation if:
- It would be prohibitively expensive, or
- It would create a serious health or safety risk that can’t be mitigated.
They cannot deny accommodation just because:
- Other residents don’t like dogs
- The rules say “no pets”
- They’re worried about setting a “precedent”
Those are not valid reasons under Ontario law.
🐕🦺 5. Service Dogs vs. Pets
Accessibility for Ontarians with Disabilities Act (AODA), s. 4(9):
“If a person with a disability is accompanied by a guide dog or other service animal… the provider shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with them.”
🧾 What this means:
Legally, service animals are not pets.
They are considered assistive devices, like wheelchairs or hearing aids. Trying to ban them under a pet rule is like saying “no wheelchairs allowed in the lobby.”
❌ What Condos Can’t Do
| Not Allowed | Why |
|---|---|
| Refuse a service dog due to a “no pets” rule | Discriminatory under the Human Rights Code |
| Ask for diagnosis or detailed medical info | Violates privacy and OHRC guidelines |
| Delay accommodation indefinitely | Delay = Denial. Denial = Discrimination |
| Apply pet restrictions to service dogs (size, breed, noise) | They are not considered pets in law |
| Retaliate or harass someone after requesting accommodation | Illegal and may trigger liability |
✅ What They Can Do (Within Reason)
| Allowed | But Only If… |
|---|---|
| Ask for a simple letter from a regulated health provider | Letter confirms need for service dog, not diagnosis |
| Raise concerns about health/safety | Must be legitimate and proven |
| Enforce general rules (e.g. leash in common areas) | But not rules that interfere with the dog’s function |
| Request respectful cooperation from the resident | As part of a fair and balanced process |
📌 Final Summary
📜 The Human Rights Code > Condo Rules
- Service dogs are protected by law.
- Accommodations are mandatory, not optional.
- Boards must respond in good faith.
- Delays, demands for extra documentation, or selective enforcement are all potential violations.
If you’re living with a disability, you have every right to live in your home with the support you need – free from interference, harassment, or discrimination.
👉 If you believe your rights have been violated, contact us confidentially through the Condo Leak Tipline at www.CondoTribune.com/tipline – your story matters, and you’re not alone.
📝 While we are not lawyers, we’ve spent years learning the Condominium Act, tribunal process, and case law – and we’re here to help point you in the right direction.
Disclaimer: This post is for general information purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult a qualified lawyer.
