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There is no Law in Canada for Service/Assistance Dogs.
Alberta
The Blind Person's Rights Act, Chapter B-6, Sections 5(1) through 5 (8), Revised Statutes 1980 Alberta
law guarantees a blind person the right to be accompanied by a specially trained dog guide in all
public accommodations. It is unlawful discrimination for any one to deny a dog guide user access to or
use of a public accommodation on the grounds of the dog guides presence. The dog guide user should be
prepared to present for inspection an identification card issued by either the Canadian National
Institute for the Blind or by the dog guide school from which the dog was obtained. A dog guide user has
a legally protected right to equal housing accommodations. A landlord may not insist on any terms or
conditions in regard to the dog guide which in any way discriminate against the dog guides presence.
The land lord, how ever, is not required in any way to modify the premises. Public accommodations
include places or facilities to which the public is invited. Generally, these include stores, restaurants
hotels, and public conveyances, as well as facilities and services of a similar nature. Housing
accommodation is defined as a self-contained dwelling unit. Violation: Anyone who interferes
with the above enumerated rights is guilty of an offense and upon conviction is subject to a fine not
to exceed $1,000.
BRITISH COLUMBIA
GUIDE ANIMAL ACT [RSBC 1996] CHAPTER 177
Contents Section
1 Definitions
2 Rights with a guide animal
3 Rights under section 2 not to be interfered with
4 Tenancy rights
5 White cane
6 Onus on defendant
7 Certificate
8 Power to make regulations
9 Offence and penalty
Definitions 1 In this Act:
guide animal means a guide animal (a) prescribed under section 8, or (b) for which a certificate has been
issued under section 7 if that animal is used by a person with a disability to avoid hazards or to other
wise compensate for a disability minister includes a person designated by the minister for the purposes
of this Act person with a disability means a person who is apparently blind or otherwise disabled and is
dependent on a guide animal or white cane white cane means a cane or walking stick at least the upper
2/3 of which is white.
Rights with a guide animal
2(1) A person with a disability accompanied by a guide animal has the same rights, privileges and
obligations as a person not accompanied by an animal.(2) In particular, a person with a disability
accompanied by a guide animal may, in the same manner as would a person not accompanied by an animal,
enter and use an accommodation, conveyance, eating place, lodging place or any other place to which the
public is invited or has access so long as the guide animal is (a) prevented from occupying a seat in a
public conveyance or eating place, and (b) held by a leash or harness.(3)This section applies despite any
enactment enacted before or after the enactment of this Act. Rights under section 2 not to be interfered
with 3 A person must not interfere with the exercise of a right or privilege under section 2 or charge a
fee for a guide animal accompanying a person with a disability.
Tenancy rights
4(1) In this section, residential premises means residential premises as defined in section1 of the
Residential Tenancy Act.
(2) A person must not (a) deny to a person with a disability a residential premises advertised or other
wise represented as available for occupancy by a tenant, or (b) impose a term or condition on a person with
a disability for the tenancy of a residential premises if that term or condition discriminates
because of the disability or because the person with the disability intends to keep a guide animal in
the residential premises.
(3) Subsection(2)does not apply if the advertisement or representation specifies occupancy of the
residential premises may entail sharing sleeping, bathroom or cooking facilities in the space with a
person from another family.
White cane
5.A person who is not a blind person according to accepted medical standards must not carry or use a
white cane.
Onus on defendant
6 In a prosecution for contravention of section, the onus is on the defendant to prove that he or she is
blind according to accepted medical standards.
Certificate
7(1) A person with a disability may apply to the minister for a certificate to use as evidence that
section 2 applies.(2)The minister must issue a certificcate under subsection(1)if th minister is
satisfied that the animal to be used is a guide animal.(3)A person to whom a certificate under this
section is issued must surrender the certificate to the minister and the certificate is void if the
minister is satisfied that the guide animal for which the certificate was issued has died, become
permanently disabled, ceased to render the services to which the certificate relates or is not qualified
as a guide animal.
Power to make regulation section1 SubSection8(1)The Lieutenant Governor in Council may make regulations
referred to in section41 of the Interpretation Act.(2)Without limiting subsection(1),the Lieutenant
Governor in Council may make regulations as follows: (a) specifying those animals or classes of animal
that are guide animals (b) specifying the conditions that must be met for an animal to become or to
continue to be a guide animal.
Offence and penalty
Section1 Sub Section 9(1)A person who contravenes this Act commits an offence.
Sub Section (2)A person who
commits an offence under subsection(1)is liable on conviction to a fine of not more than $200.
MANITOBA
Manitoba Human Rights Code Manitoba has broad scope legislation centering on discrimination. Specific
interpretation rests with the provincial Human Rights Commission
SASKATCHEWAN
Saskatchewan Human Rights Code, 1979 Broad scope legislation centering on discrimination. Specific
interpretation rests with the provincial Human Rights Commission. Saskatchewan law guarantees a blind
person the legal right to be accompanied by a specially trained dog guide in public accommodations and
facilities. The dog guide user cannot be required to muzzle the dog guide. No extra charge can believe
because of the dog's presence. A dog guide user also has illegally protected right to equal housing
accommodations.
No special conditions or terms can be imposed because of the dog guide. Public accommodations and
facilities include restaurants, hotels stores and public conveyances as wells other services and
facilities to which the public generally is invited. Housing accommodation is described by the statutes
as a self-contained dwelling unit. Violation: Any person who interferes with the rights enumerated above
is guilty of an offense and upon conviction is subject to a fine not to exceed $500. The fine for a
convicted corporation is not to exceed $1,000
ONTARIO
The Blind Person's Rights Act (Revised Statutes of Ontario,1980) Chapter 44 Regulation 83(Revised
Regulations of Ontario ,1980) Ontario laws guarantee a blind person the legal right to be accompanied
by a specially trained dog guide in all public accommodations and facilities. No extra charge can be
levied because of the dog guides presence. A dog guide user also is guaranteed the right to equal housing
accommodations, and no special terms or conditions can be imposed because of the dog's presence.
The Attorney General is authorized to issue to dog guide users a special identification card which is
prima-facie evidence that a dog has been specially trained. The identification cards issued by dog guide
schools to their graduates also are appropriate evidence of such training. Public accommodations and
facilities include stores, restaurants, taverns, hotels, and common carriers such as trains, buses, and
taxis, and other conveyances, as well as any other place or facility to which the public customarily is
invited. Housing accommodations cover any self-contained dwelling unit. Violation: Anyone who interferes
with the above rights is guilty of an offense and, upon conviction, is subject to a fine not to exceed
$1,000
QUEBEC
Human Rights Act-1978 Bill 9-amending Human Rights and Freedoms Charter Human rights legislation includes sweeping prohibitions
gainst discrimination on the grounds of physical disability. Physically handicapped persons are guaranteed the enjoyment of the
same rights as all citizens. The definition of handicapped includes the unrestricted right of a typically handicapped person to use
prosthetic aids. Under the Quebec Health Insurance Act, dog guides are included within the concept of a prosthetic aid. Consequently,
dog guide users accompanied by their dog guides appear to have universal access to the social, economic and educational institutions
available throughout the province. Government officials with the authority to protect human rights are avail able to assist the
physically handicapped in enforcing the right to non- discrimination.
Substantial fines are part of the available enforcement procedures. Penalties: Fines of not more than $1,000 or imprisonment of not more
than six months, or a fine of not more than $5,000 in the case of a corporation
NEW BRUNSWICK
The Human Rights Act of New Brunswick 1976 (as amended and consolidated in 1985) Chapter 31 New Brunswick Regulation 84-283
under the Health Act of 1984 New Brunswick Human Rights legislation extends the prohibition against discrimination to include
physical disabilities. As defined in the statute, these include the right to be accompanied by a dog
guide consequently, dog guide users have a legal right to equal employment, equal housing accommodations
and equal access to and the use of all public accommodations, services, and facilities to which the
public customarily is invited The Health Act of 1984 also exempts dog guides from prohibitions against
live animals in areas where food is served, and with the agreement of the district medical health officer
, a dog guide may employment covers all employees as well as membership in professional or trade organizations.
Housing accommodations include the rental of residential and commercial properties, as well as the
purchase of real estate. Public accommodations and facilities include stores, restaurants, hotels,
public conveyances, and other places to which the public customarily is admitted.
Violation: Enforcement is centered in the Human Rights Commission
NEWFOUNDLAND
The Blind Persons' Rights Act of 1981 - Chapter 60 Newfoundland statutory law guarantees a blind person
the right to be accompanied by a specially trained dog guide in all places of public accommodation. A
og guide user has a legally protected right to equal housing accommodations, and no special conditions
or terms can be imposed because of the dog guide. Public accommodations and facilities include stores
restaurants, hotels, and common carriers such as trains, buses, and taxis, and other conveyances, as
well as other services and facilities to which the public customarily is admitted. Housing accommodation
include any commercial unit or self-contained dwelling unit. Violation: Any person who interferes with
the rights enumerated in this Act is guilty of an offense and liable on summary conviction, if an
individual, to a fine of not more than $500, or to imprisonment for not more than 30 days, o both
if a body corporate, to a fine of not more than $1,000, or to imprisonment for not more
NOVA SCOTIA
Blind Persons' Rights Act - enacted 5/77 Chapter 4, Section 1 Nova Scotia law guarantees a blind person
the right to be accompanied by a specially trained dog guide in all public accommodations and facilities.
No extra charge can be levied because of the presence of the dog guide. A dog guide user also has a right
to equal housing accommodations, but the landlord is not required to make any modifications. Public accommodations include restaurants, hotels,
public conveyances, and other places to which the public customarily is admitted. Housing accommodations
include the rental of any self contained dwelling unit. Violation: Anyone who interferes with the rights
enumerated above is guilty of an offense and punishable under Nova Scotia law.
PRINCE EDWARD ISLAND
Human Rights Act of 1974,as amended in 1985 Public Health Act Regulations of 1979 Prince Edward Island
legislation protecting human rights includes prohibition against discrimination on the grounds of
physical handicap, including the right of a blind person to use a dog as a guide the statute makes this
a part of the definition. Consequently, a dog guide user has the legal right to be accompanied by a
trained dog guide in all public accommodations and facilities. A dog guide user also has the right to
equal housing accommodations and equal employment opportunities. Specific reference is incorporated under
the Public Health Act Regulations to substantiate the right of a blind person to be accompanied by a dog
guide in any facility in which food is served. Public accommodations and facilities include restaurants,
hotels, stores, public conveyances, and other places to which the public customarily is invited. Housing
accommodations include rental properties for residential or commercial use which are available for rent
or purchase. Employment includes all employment and membership in professional and employee organizations
Violation: Enforcement is centered in a special Human Rights Commission.
NORTHWEST TERRITORIES
No legislation.
Yukon
As of August 14, 1987, Yukon did not have any dog guide legislation, except that the Public Health
Ordinance exempts dog guides from the prohibition that bans animals from an area where food is prepared
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Smokey's Assistance Dogs Foundation
All Rights Reserved
Revised: June 26, 2005