Emotional Support Animals in Quebec Condominiums

Requests involving emotional support animals (ESAs) are becoming more common in divided co-ownerships. Between human rights, the DCV (declaration of co-ownership) and the by-laws of the immovable, directors want to act carefully without creating a risky precedent. Here is how to assess the evidence, respect rights and impose reasonable guidelines in Quebec condominiums.

Key takeaway: an ESA is not just a pet. It may be subject to reasonable accommodation when a disability is documented, but that accommodation must remain compatible with the destination of the immovable and the rights of other co-owners.

What is an emotional support animal, and how is it different?

An emotional support animal helps a person manage symptoms related to a recognized health condition, particularly a mental health condition. Unlike a specialized assistance dog, an ESA has not necessarily received extensive training or a specific accreditation.

• Pet: pleasant companionship, with no documented clinical connection.
• Emotional support animal: companionship recommended by a health professional in connection with a disability.
• Assistance dog: structured training and broader access in various locations.

In a divided co-ownership, the distinction matters because the by-laws of the immovable may restrict or prohibit pets. However, the rules cannot override a reasonable accommodation required under the Charter of Human Rights and Freedoms, subject to undue hardship.

Useful references:

• Civil Code of Quebec (proper use and respect for other co-owners, see art. 1063 C.C.Q.). See the C.C.Q. on LégisQuébec.
• Charter of Human Rights and Freedoms (accommodation and discrimination based on disability). See the Charter on LégisQuébec.

Rights, obligations and the scope of the DCV and the by-laws of the immovable

The DCV establishes the destination of the immovable, and the by-laws govern the use of private portions and common portions. These documents may set limits on animals (size, number, access to common portions and cleanliness). They apply to everyone, except where accommodation is required to address a documented disability.

• The destination of the immovable and the peaceful enjoyment of the premises remain key reference points (see art. 1063 C.C.Q.).
• The board of directors may require compliance with neutral, general rules (leash use, hygiene and non-nuisance), including for an ESA.
• Accommodation is assessed “case by case” and must minimize the impact on other occupants.

In practice, a “no pets” rule cannot be used to automatically refuse an ESA if there is adequate evidence of a need related to a disability and no undue hardship has been demonstrated. Conversely, accommodation does not authorize nuisances, damage or dangerous behaviour.

For a reminder of good practices in divided co-ownership, consult the RGCQ.

What evidence can the syndicate require (and not require)?

The question of evidence is sensitive. The board of directors should ask for what is essential, without intruding on privacy. A balance is required.

Reasonable evidence to request

• A letter signed by an authorized health professional (physician, psychologist, specialized nurse practitioner, etc.) indicating:
  • that a disability or health condition exists within the meaning of the Charter;
  • that the animal’s presence meaningfully helps alleviate symptoms or improve functioning;
  • that the ESA is recommended as an accommodation measure.
• Minimal factual information about the animal: species, approximate size, identification, proof of up-to-date vaccination as required by the municipality, and proof of a municipal licence where required.
• A written undertaking from the co-owner regarding supervision, cleanliness and the repair of any damage caused.

These elements make it possible to assess the request without disclosing a detailed diagnosis or clinical notes. The Charter protects confidentiality; the board of directors may know the connection between the animal and the accommodation, but not the medical file.

What the syndicate should not require

• The specific diagnosis, treatments or access to the complete medical file.
• “Official” ESA certification issued by an unrecognized online registry.
• Specialized training equivalent to that of an assistance dog, unless safety objectively requires it.
• Disproportionate conditions that deprive the accommodation of its substance (e.g. an almost complete ban on common portions when passage through them is necessary).

To provide guidelines for these requests, it is advisable to review the “animals” section of the by-laws and establish a clear process. A request form template approved by the board of directors facilitates uniform and fair treatment.

Assessment process for the board of directors: steps and criteria

A clear process protects both the syndicate and the co-owner making the request. Here is a proven sequence that complies with the Charter, the C.C.Q. and the DCV.

1. Receipt and acknowledgement

   • Acknowledge receipt promptly and specify the required documents.
   • Explain the estimated response time and the confidentiality of the process.

2. Preliminary analysis

   • Verify the consistency of the documents provided.
   • Identify potential impacts: noise, odours, known allergies, safety and maintenance of common portions.

3. Assessment of undue hardship

   • Weigh the actual burden on the syndicate: risks, insurance, costs and the configuration of common portions.
   • Consider reasonable alternative accommodations (e.g. specified routes, a mandatory leash, a muzzle for a reactive dog, and additional cleaning paid for by the requesting party).

4. Reasoned decision recorded in the minutes

   • Adopt a board of directors resolution specifying the scope, conditions and duration of the accommodation (trial period and annual review).
   • Record the decision in the minutes while preserving clinical anonymity. State the reasons without disclosing the diagnosis.

5. Follow-up and review

   • Provide for a review if nuisances are reported or conditions change (e.g. repeated complaints or biting incidents).
   • Document each step and keep the correspondence in the administrative file, with restricted access.

The board of directors may generally inform the annual general meeting of regulatory changes or accommodation principles, without identifying a co-owner or disclosing their health condition.

To equip yourself with suitable administrative tools (forms, notice templates and a decision matrix), see our management services.

Day-to-day management: common portions, allergies, nuisances and safety

Accommodation for an ESA must not undermine the peaceful enjoyment of the premises. The C.C.Q. requires respect for the destination of the immovable and the rights of others (see art. 1063 C.C.Q.). Here are practical guidelines that apply even when accommodation is in place.

• Common portions: travel on a short leash; use elevators, corridors and lobbies without leaving the animal there for extended periods. Access to the pool, gym or common room may be restricted if the ESA is not needed there.
• Hygiene and cleanliness: the co-owner must clean immediately and pay any additional maintenance costs if required.
• Severe allergies: consider targeted measures (schedules, a designated elevator where possible and buffer zones) rather than a total ban. Require objective evidence when a severe allergy is claimed.
• Noise and odours: intervene progressively (notice, corrective plan and then a formal demand letter in the event of continued non-compliance) by applying the general non-nuisance rules.
• Safety: if the animal has engaged in dangerous conduct, temporarily suspend the accommodation pending a professional assessment; require enhanced control measures.

When complaints arise, use a standardized protocol: receipt, a limited investigation, a reminder of the agreed conditions and follow-up. Maintaining a record protects the syndicate if the matter escalates.

Looking for more practical articles for your board of directors? Browse the multiRent blog.

Legal points to know and reference sources

• Civil Code of Quebec: framework for divided co-ownership, the destination of the immovable, and enjoyment of private portions and common portions (see, in particular, art. 1063). Consult the C.C.Q. on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Charter of Human Rights and Freedoms: protection against discrimination based on disability and reasonable accommodation, subject to undue hardship. Text on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-12
• Good practices in divided co-ownership: resources and training from the RGCQ.
• Transactions and restrictions in divided co-ownership: information framework for real estate brokerage, see the OACIQ.

These sources help the board of directors reconcile internal rules with legal obligations while maintaining a practical view of day-to-day operations.

FAQ – Emotional Support Animals in Divided Co-ownership

Q1. Can a syndicate refuse an ESA if the DCV prohibits animals?
– Yes, in certain rare cases. If accommodation would create documented undue hardship (major risks, an inability to obtain insurance or a configuration that makes the measure unmanageable), a reasoned refusal may be justified. Otherwise, the general prohibition does not automatically override the duty to accommodate.

Q2. Can we require “official” certification or registration of the ESA in a registry?
– No. Quebec does not recognize a universal ESA registry. A letter from a qualified health professional establishing the connection between the animal and the disability is generally sufficient, together with minimal information about the animal.

Q3. Does an ESA have access to all common portions?
– Not necessarily. Access must be functional and proportionate to the need. Passage is permitted to reach the private portion, but access to certain facilities (pool, gym) may be restricted if the animal is not essential there, subject to reasonable accommodation.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

Do you manage a condominium in Quebec? Discover our packages or contact us to assess your needs.