SPCA Montreal

by Dan Laxer
The Suburban

SPCA Montreal is holding a Walk to Keep Families Together, taking aim against no-pet clauses.

July 1, Quebec’s unofficial moving day, is just weeks away. So the SPCA is urging all provincial political parties to declared the clauses null and void.

“We see the growing problems caused by these extremely restrictive and arbitrary clauses every day,” says Sophie Gaillard, Director of Animal Advocacy and Legal and Governmental Affairs. “The impact is significant, not only for the animals themselves and for shelters overflowing as a result of forced surrenders, but also for the families broken up by these unfair clauses.”

Being forced to leave pets behind in a move is a heartbreaking choice, she adds. Children form deep attachments to their pets, which is beneficial to their development. And research shows that single senior citizens who live with a companion animal fare better. Yet children and the elderly are among the groups directly affected by the no-pet clauses. Other vulnerable groups most affected by the bans include people suffering from loneliness. Victims of family violence, the SPCA says, sometimes decide to remain in unsafe situations rather than leave without their pets.

Fifty-two percent of Quebec households include pets. Given the current housing crisis and the rising cost of living, the SPCA points out, the imbalance caused by no-pet clauses is “extremely problematic.”

The organization characterizes a residential lease as “a contract where the stronger party imposes its terms on the weaker party, without negotiation.” Responsible tenants, it says, whose animals cause no damage or nuisance should not have to live with the constant threat of losing their home or being forced to part with their companion.

More than one animal a day is surrendered to the SPCA because of the difficulty of finding a home where animals are accepted.

“Our team is so frequently called upon to deal with these issues by citizens in distress, and the impact on shelters is so significant, that the SPCA considers it a province-wide priority issue,” says Gaillard. “Citizens even tell us,” she adds, “that a commitment to ban no-pet clauses could influence their vote in the next provincial election.”

While SPCA Montreal points out that no-pet clauses are prohibited in Ontario, there are exceptions. The Advocacy Centre for Tenants Ontario explains that landlords cannot ban a tenant from having a pet, but under some circumstances – where a pet causes damage, for example, or whose noise or behaviour is a nuisance to others – a landlord could evict a tenant for having a pet.

Here in Quebec, there is no provision in the law regarding pets in rental housing. So it comes down to what is written in the lease. There are exceptions for helper animals or support animals. But the SPCA wants to see the no-pet clauses removed completely.

A petition to this effect from 2022 was signed by more than 33,000 people. And in 2023 Québec solidaire tabled Bill 494, “An Act to amend the Civil Code to render without effect the clauses of a lease of a dwelling tending to prohibit companion animals.”

The Montreal SPCA is asking the public to contact their MNAs and demand that all political parties commit to resolving this issue. The Walk to Keep Families Together is on Sunday May 25 at 1 pm at Square St-Louis.