Pet daycare is booming across Canada, with thousands of facilities offering everything from basic supervised play to luxury spa experiences. But the contracts these businesses use often include sweeping liability waivers that may leave you without recourse if your pet is injured — and fee structures that make it expensive to leave even if you're unhappy with the service. Canadian consumer protection law and provincial animal welfare legislation provide some baseline protections, but the specifics vary by province. This guide helps you navigate the key contract terms.
What is a Liability and Fees?
A pet daycare contract is a service agreement between a pet owner and a pet daycare facility for the supervised care of a pet during specified hours. The contract typically covers daily or monthly fees, vaccination and health requirements, liability waivers, emergency veterinary authorisation, behavioural policies, and cancellation terms. In Canada, these contracts are subject to provincial consumer protection legislation, animal welfare laws, and general contract law principles.
Red flags to watch for
Canadian courts generally do not enforce liability waivers for gross negligence. A waiver that releases the facility from all liability, including for its own negligent supervision, may be unenforceable.
Open-ended authorisation means the facility can incur unlimited vet costs on your behalf. A reasonable cap protects you from unexpected bills.
Many daycares sell multi-visit packages at a discount but refuse refunds for unused visits if you stop attending. Provincial consumer protection laws may require pro-rated refunds.
If the facility can unilaterally decide your pet isn't a good fit and terminate service without refunding prepaid fees, the contract is one-sided.
Without knowing how many animals are supervised per staff member, you can't assess the quality and safety of care.
Your legal rights
In Canada, pet daycare contracts are governed by provincial consumer protection legislation. Ontario's Consumer Protection Act, 2002 (S.O. 2002, c. 30, Sched. A) requires that prepaid services be refundable on a proportional basis if the consumer cancels (§26-28). British Columbia's Business Practices and Consumer Protection Act (SBC 2004, c 2) provides similar protections. Alberta's Consumer Protection Act (RSA 2000, c C-26.3) addresses unfair contract terms. Provincial animal welfare legislation (e.g., Ontario's Provincial Animal Welfare Services Act, 2019; BC's Prevention of Cruelty to Animals Act) may also apply if negligent care causes harm. Under common law principles, a facility providing professional care owes a duty of reasonable care, and a liability waiver cannot exclude liability for breach of this duty where negligence is involved.
Questions to ask before you sign
- 1What is the staff-to-pet ratio during active supervision?
- 2Does the liability waiver exclude claims for your own staff's negligence?
- 3Is there a spending cap on emergency veterinary care authorisation?
- 4Can I get a pro-rated refund for unused visits in a prepaid package?
- 5What is the process if my pet is injured while in your care?
- 6What training do staff members have in pet first aid and behaviour management?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.