What is the legal status of a family pet in Nova Scotia?

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table.  There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada and the Nova Scotia Animal Protection Act provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

If you’re concerned with how a pet’s status as property may affect your estate planning, please review our previous blog on Estate Planning for Pets.

How can I get custody of my pet in Nova Scotia?

The term “custody” only applies to children. This means it is not possible to apply for custody of your pet. No lawyer or court is able to create a binding “custody” agreement for a pet. It may seem strange to not be seeking custody, but what you are actually seeking is ownership.

Unlike with children, there is also no “best interests of the pet” principle. The party that loves the pet more or would treat them better does not have any impact on who gets to keep the family pet.

Previously the courts would not hear the issue of pet ownership, due to limited court resources. However, some recent court decisions have provided an outline for what options are available for your pet once you’ve separated.

After separation, you and your ex-partner have the ability to negotiate who gets what items from your shared home. Once items have been divided, then an agreement is written down and signed to create a legally binding “Separation Agreement”. This process may have been completed before the marriage or relationship started through a Cohabitation agreement or Pre-nuptial agreement, but usually its done after the relationship ends.

It is up to both partners to decide who keeps what items, but with a shared pet this can be complicated. The courts have highly recommended couples negotiate who gets the family pet and reach a settlement. Previous attempts to put applications or orders before the court regarding pet ownership have been outright refused. The logic being that there is limited court time available and it should be reserved for things like child custody and spousal support.

If you can’t agree, a lawyer can help you and your ex-partner negotiate an agreement or schedule for your pet. It is important to remember that this is not “custody” agreement, but instead a contract dividing property.

What if we can’t agree on who gets to keep our Pet?

If an agreement cannot be reached on who should keep the family pet, the court does have the power to settle the dispute. The court has full authority to divide your shared personal property in compliance with the Matrimonial Property Act if you are married, or under principles of contract law if you are not.

Be forewarned, the court has the ability to order the sale of personal property and then have the proceeds split between the parties. Sadly, this would mean forcing the sale of your pet, which is not likely the outcome any party was hoping for.  

 Who gets to make veterinary decisions for our pet after we separate?

When spouses separate, items no longer have a shared ownership. Instead, one party will end up with legal ownership of the family pet. The person who obtains legal ownership will have the right to make all veterinary decisions. This person can be determined by agreement between the parties, or as mentioned above, by the court.

What should I do if I’m worried my pet will be abused or neglected?

The Criminal Code of Canada and the Nova Scotia Animal Protection Act provide legal protection against animal cruelty and abuse.

To report animal cruelty or neglect you can contact the Nova Scotia SPCA. They provide an online complaint process, or can be reached at 1-888-703-7722.

Have questions for us?:

If you have any questions about division of your assets, including your pet, upon Separation or Divorce, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain u

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers