It’s become fairly common to hear about service animal owners being turned away or ejected from a restaurant or establishment due to the animals’ unwelcome presence. However, businesses typically cannot refuse them, whether they want them or not. Here are the basics of service animal laws in Ontario.
Any animal that has been trained to help a person with a disability is a service animal. That typically refers to a guide dog for the blind, but it can also refer to many other things, like warning people of an impending seizure.
A service animal is not a pet. Businesses may state that pets are not permitted, but they cannot refuse you service because of your pet.
Any space that is open to the public or a third party is accessible to someone with a service animal.
Refusing a service animal falls under the federal and Ontario Human Rights Codes’ prohibition against discrimination based on disability, and that is exactly what it is when it is done. It’s also prohibited in the Ontario Blind Person’s Rights Act.
While other animals are prohibited by law from establishments that serve or sell food, guide dogs are permitted.
Many businesses reserve the right to request proof of your need for the animal, such as a letter from a doctor or nurse. Service dogs typically wear some sort of vest or harness and are easily identifiable as such.
Unfortunately, fake service dogs aren’t unheard of. B. C. is thinking about altering its own service dog laws to address the issue of people giving their dog fake vests and harnesses.
Additionally, you can file a claim under the Blind Person’s Right Act, which carries a maximum $5,000 fine for violators.
New Brunswick
The provincial government enforces “Guideline on Accommodating People with Service Animals”. The document describes the term “service animal” as such:
A service animal is an animal that has been trained to carry out specific tasks for a person with a disability in order to help that person with their disability. The majority of service animals are dogs, but some animals (e.g. g. Additionally, cats, monkeys, birds, and miniature horses are occasionally used. The Act does not mandate that a pet be professionally trained or certified as a service animal. For the purposes of the Act, a pet that has been specially trained, including self-training, to offer individualized assistance to a person with a disability “.
The same rights to employment, public services and facilities, and housing apply to people with service animals as to people without them. A service animal must always be under the care and supervision of its handler (e g. Unless doing so interferes with the work or task that it performs, animals must be restrained (harnessed, leashed, or tethered). If a person’s disability prevents them from controlling the animal physically, they must still exert control over it using voice, signal, or some other method. Service animals are not pets, so no one should approach one unless the handler specifically permits it.
The use of an animal that is not a service animal but instead a companion, emotional support, or therapeutic animal may still be protected under the Guideline if the animal is part of a person’s treatment for a disability. The benefits of pet ownership that are enjoyed by everyone (including those without disabilities) are insufficient to show reliance. The guideline document also refers to the identification of the service animals:
Service animals must be easily identifiable, perhaps with a special harness or vest As a result, it is simpler for the employer, service provider, or landlord to recognize the animal as a service animal and make the necessary accommodations. However, the animal need not wear a particular harness or vest to qualify as a service animal. Some individuals may opt for less obvious ways to let others know that they rely on an animal as a service animal (e g. the fact that the animal is a service animal must be kept a secret from those who do not need to know (e.g., a note from a doctor, a training certificate). A person with a service animal must ultimately decide what to do, keeping in mind that clearly labeling the animal as a service animal may facilitate the accommodation process.
The law mandates that employers, service providers, and landlords refrain from adopting practices that negatively impact people who use service animals to compensate for physical or mental disabilities. Employers, service providers, and landlords are required to make reasonable accommodations for a person who has a service animal, subject to no undue hardship. If a third-party service animal handler is accompanying a person with a disability who depends on the animal, the third-party handler is also subject to the duty to accommodate. The process of providing accommodations is unique to each person and takes into account their needs and personal circumstances. Inquiries into accommodations involve multiple parties, including the person using the service animal as well as their employer, service provider, or housing provider, as applicable. Depending on the circumstances, it might also involve other parties, such as unions and medical professionals. ”.
If you wish to file a complaint about discrimination or harassment in New Brunswick, you must use the complaint form for the New Brunswick Human Rights Commission.
Ontario
Service dog handlers and their paw partners have the same public access rights as any other citizen with very few exceptions like food processing facilities. Under the Ontario Human Rights Code, employers have a legal duty to accommodate the specific needs of employees with disabilities. Examples of accommodation include — modified duties; changes to workstations; flexible work hours or break times; assistive devices. If your guide dog/service animal does not wear a vest or harness, you can show documentation from one of these regulated health professionals — audiologist or speech-language pathologist; chiropractor; nurse; occupational therapist; optometrist; physician or surgeon; physiotherapist; psychologist; psychotherapist or mental health therapist.
Some municipalities may have by-laws restricting certain breeds of animals or dogs from the municipality, please keep this in mind and check in advance. Under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA), service animals do not need to have certificates or identification cards. However, you may be asked to provide acceptable documentation. This includes:
1) documentation from a regulated health professional;
2) a guide dog user’s identification card issued by the Ontario Ministry of the Attorney General;
Persons with a disability who are in need of a service dog in Ontario can work with schools accredited by Assistance Dogs International (ADI), the International Guide Dog Federation (IGDF), a local private trainer, or train their animal themselves. You can rely on a dog training school to prepare a dog for you and include you in the training process. The provincial government has a “Policy on ableism and discrimination based on disability” that specifically states self-trained service dogs are allowed in Ontario and you can not be discriminated against. You can see that in article 191 in section 8 — “Duty to Accommodate”.
If you feel your rights as a service dog user/handler have not been respected, you can contact the Human Rights Tribunal of Ontario. They handle discrimination claims filed under the Ontario Human Rights Code. If you decide to file a complaint with the Human Rights Tribunal, you may wish to:
1) first consult with the Human Rights Legal Support Centre to get information about filing your claim and to access legal support;
2) contact the ARCH Disability Law Centre, a specialty legal aid clinic that provides legal services to people with disabilities;
3) read the outcomes of past human rights cases.
Accessibility@ontario is the address to use if you’d like to send a written report of a possible AODA violation. ca.
What Is a Service Dog According to the Canadian Federal Government?
Service dogs are certified assistance animals that help handlers with their disability. Service dogs are allowed wherever the handler goes with the exception of where food is processed and produced. According to the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) in Canada a service dog is an animal that:
• was individually trained by a group or individual with expertise in service dog training;
• carries out a task to meet a need related to a disability for a person with a disability.
Service dogs are typically obtained through accredited assistance dog schools. However, service animals that have undergone their handler’s training are also recognized by the government. Any school with the necessary resources for training and certification can offer service dog certification. The International Guide Dog Federation and Assistance Dogs International have been recognized as major organizations in the world of assistance animals.
FAQ
Do service dogs need to be certified in Canada?
The Accessibility for Ontarians with Disabilities Act (AODA) and the Ontario Human Rights Code do not require service animals to have certificates or identification cards. However, you may be asked to provide acceptable documentation.
Can you ask for proof of a service dog Canada?
Service animals are not required to have certificates or identification cards under the Ontario Human Rights Code and the AODA. However, you may be asked to provide acceptable documentation. This includes: documentation from a regulated health professional.
Are service dogs registered in Canada?
Service Dog Identification & Registration. The most up-to-date service dog gear is provided by Service Dogs Canada and includes a vest with embroidered service dog patches on both sides, a wallet card, a collar tag, and a certificate identifying your dog as a service dog. Your disability qualifies your dog to be a service dog.
Do service animals need to be registered in Canada?
You are not required by law to register or certify your ESA. Be sure to avoid any business in Canada that offers to sell you a certification for an emotional support animal. In Canada, all you need to obtain an emotional support animal is a letter stating your needs from a qualified mental health professional.