A Canadian Pet Care Agreement is a legal contract between two or more parties that establishes the terms and conditions for the care, custody, ownership, and financial responsibility for one or more companion animals. This agreement addresses the growing recognition in Canadian law that companion animals occupy a unique position as both personal property and sentient beings deserving of protection and consideration beyond ordinary chattels.

The legal treatment of pets in Canada has evolved significantly. Historically, animals were treated strictly as personal property under common law. However, British Columbia's landmark 2024 amendments to the Family Law Act (S.B.C. 2011, c. 25) introduced specific provisions for companion animals in family disputes. Section 97(4.1) requires courts to consider factors analogous to child custody determinations: each party's ability and willingness to care for the animal, the extent of care each party has provided, any relationship a child has with the animal, and the risk of family violence or animal cruelty. Quebec led Canadian jurisdictions by recognizing animals as sentient beings in its Animal Welfare and Safety Act (S.Q. 2015, c. 35), amending the Civil Code to distinguish animals from ordinary moveable property.

At the federal level, the Criminal Code of Canada (R.S.C. 1985, c. C-46, s. 445.1) provides criminal penalties for anyone who wilfully causes or permits unnecessary pain, suffering, or injury to an animal, or who abandons an animal. This creates a baseline of animal welfare protection that applies across all provinces and territories. Private pet care agreements allow parties to establish care standards, custody arrangements, and financial obligations that exceed the minimum requirements of law.

A pet care agreement is most commonly needed when couples are separating or divorcing and must determine which party will retain custody of a shared companion animal. Before BC's 2024 Family Law Act amendments, pets in most provinces were divided like any other property asset, often leading to one party losing all contact with a beloved pet. A written agreement allows separating couples to establish shared custody schedules, visitation rights, and expense-sharing arrangements that prioritize the animal's welfare and maintain the bond between both parties and the pet.

Co-owners of a pet who are not in a romantic relationship also benefit from this agreement. Roommates who adopt a pet together, family members who share ownership, or friends who jointly purchase a pet should establish a written agreement outlining who has primary custody, how expenses are divided, who makes veterinary decisions, and what happens if one party moves away. Without a written agreement, disputes over pet ownership can be difficult and expensive to resolve through the courts.

Pet sitting and temporary care arrangements also require a formal agreement, particularly for extended periods. When a pet owner travels, is hospitalized, or is otherwise unable to care for their animal, a written agreement authorizes the caretaker to make veterinary decisions, establishes expense responsibilities, and sets clear expectations for the animal's care. The agreement is also appropriate for transfer of ownership situations, ensuring that the new owner understands and accepts responsibility for the animal's ongoing care and veterinary needs.

A comprehensive Canadian Pet Care Agreement must identify all parties with their full legal names, addresses, phone numbers, and email addresses. The companion animal must be described in detail, including the pet's name, species and breed, age or date of birth, colour and distinguishing marks, microchip or registration number, and spay/neuter status. This level of detail prevents disputes about which animal is covered by the agreement and provides identification if the animal is lost or stolen.

The ownership and custody arrangement must be clearly stated, specifying whether ownership is sole or shared, and whether visitation rights are granted to the non-custodial party. For shared custody arrangements, the schedule must include specific exchange days, times, and locations. The agreement should reference the factors outlined in BC FLA s. 97(4.1) that courts consider when determining pet custody, demonstrating that the arrangement has been thoughtfully considered.

Financial responsibilities are a critical element. The agreement should specify how expenses are shared, including routine veterinary care, emergency treatment, food and supplies, grooming, pet insurance, training, boarding, and municipal licensing fees. All amounts should be stated in Canadian dollars (CAD). Veterinary care provisions must name the pet's regular veterinarian, list known medical conditions and medications, and establish who has authority to authorize emergency treatment and at what cost threshold.

Pet welfare standards should reference the Criminal Code (s. 445.1) prohibition against animal cruelty and establish minimum care requirements including adequate food, water, shelter, exercise, vaccination, and parasite prevention. End-of-life decision authority must be clearly assigned, and dispute resolution mechanisms should be specified. The governing province should be stated, as pet-related legislation varies significantly across Canadian jurisdictions.