Animal Care and Control Bylaw specifies what types of snakes are allowed as pets

Q: I live in a six-unit apartment building in Ottawa. One of my neighbours has a snake, and I am afraid of it. I recently read about a python that got loose in Toronto. That reminded me of the snake that killed two children in New Brunswick a few years ago. Can the landlord prevent tenants from keeping a snake in their apartment? Is there anything I can do to have the snake removed from our building ?

A: The answer depends on the type of snake. Under the Residential Tenancies Act, a landlord can stop a tenant from keeping an animal which is inherently dangerous. A garter snake is not dangerous. A poisonous snake is. A large constricting snake is.

In New Brunswick, a 16-footlong python got loose from a pet store under an apartment. That was a snake that was inherently dangerous. In Toronto, the snake that got loose was a ball python that can grow only to four feet long. It lives on rats, which the owner buys dead to feed the snake once a week.

Ottawa has a bylaw that covers snakes and snake ownership, as well as other animals. Ottawa residents must follow the city’s Animal Care and Control Bylaw. That bylaw prohibits snakes that will reach an adult length of more than one, two or three metres, depending on the breed, as well as all snakes that are venomous (i.e., poisonous). It is not sufficient for the owner to de-fang a venomous snake.

You can ask your neighbour what kind of snake they are keeping and how big it is. They may even invite you inside to take a look. If you go in, ask if you can take a photo. Ideally you would use an app like Ruler App or Measure to get the size of the aquarium. You can certainly complain to your landlord, and report to him or her, what kind of snake your neighbour says they have, and how big it seems to be.

You or your landlord can check the snake against the categories in the Ottawa Animal Care and Control Bylaw. For Bylaw & Regulatory Services to take action, they would need sufficient evidence that the snake does not comply with the bylaw. If the snake does not comply, then the tenant can be forced to get rid of the snake.

Your landlord could also terminate the tenancy for an illegal act, namely breaking the Animal Care and Control Bylaw. Or, if the landlord considers that the snake is inherently dangerous, then the landlord can take steps to get rid of the snake.

Your landlord would start by sending a notice of termination to the tenant telling him to get rid of the snake or face eviction. If the situation is not resolved, your landlord could apply to the Landlord and Tenant Board (LTB) for an order terminating the tenancy, or approach Bylaw Services to have the snake removed.

However, if the snake does not violate the bylaw and is not inherently dangerous, your landlord is unlikely to be able to force your neighbour to get rid of it unless several tenants complain that they are afraid of the snake. Even then, the matter would be up to the LTB after hearing the evidence of the other tenants’ fears.