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Sit, roll over, stay, choose your legal guardian

Apr 23, 2024

Sit, roll over, stay, choose your legal guardian

New laws in B.C. regarding pet custody are further proof that pets really are the new kids.

Driving the news: A provincial court ordered that custody of a golden retriever named Stella must be split week-to-week between her two owners who had broken up. It’s a landmark first ruling under new B.C. laws designating pets as family members, not property, in separation cases.

  • In other provinces, pets are viewed as pieces of property, like a credenza or a snowmobile, with custody typically awarded simply to whoever bought the animal. 

Catch-up: Earlier this year, amendments to B.C.’s Family Law Act came into effect that determined pet custody based on several factors, including how the animal was acquired, who primarily cared for the animal, and who is best equipped to keep caring for the animal. 

Why it matters: Canada is a pet-loving nation. The pet population surged during the pandemic and, as of 2022, 60% of Canadian homes owned a dog or cat. Canadians are spending more than ever on food, veterinary care, and even psychic readings for their pets. 

  • Per Rover.com, the average Canadian dog owner will spend between $956 and $4,020 a year — depending on breed, age, and other factors — while a cat owner will drop $956 to $2,400. That’s less than a child costs, but still, it’s comparable.

Bottom line: With many Canadians opting for fur babies instead of real babies, B.C.’s new law may better reflect how people view their pets — as family. But while legislative changes in one province can spark adoption in others, there’s no sign yet of that happening.—QH

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