Canada laws

Canada laws

What is the Current Canada Law Regarding Psychiatric Service Dog?

According to the Canadian Human Rights Commission, a service dog is defined as “any dog that is trained to do work or perform tasks for the benefit of a person with a disability.” This means that psychiatric service dogs are entitled to the same legal rights in Canada as other types of service animals, such as guide dogs and hearing assistance dogs.

The laws in Canada grant owners of psychiatric service dogs many protections when it comes to housing and public accommodations. Section 20 of the Canadian Human Rights Act (CHRA) prohibits landlords, property owners, and businesses from denying equal access to individuals with legitimate needs for a psychiatric support dog. This includes not only housing but also establishments like restaurants, public transportation, and other areas that may typically require additional fees or permits.

However, there are certain limitations on the rights of psychiatric service dog owners in Canada. For instance, the Accessibility for Ontarians with Disabilities Act (AODA) mandates that individuals with service dogs must be provided equal access to all public spaces, including schools, hospitals, and government buildings, as long as their animals are kept under control at all times.

Under the Canadian Human Rights Act, service dog owners have the right to request reasonable accommodation from their landlord or property manager regarding living space requirements.

Ask Your Landlord How They Screen Potential Tenants with Service Dogs

What Do Tenants Need to Know About Psychiatric Service Dog?

Some landlords may require medical documentation or ask for personal information about the disability of their tenant who uses a service animal. This is a violation of both federal and provincial service dog housing laws and is also a breach of privacy. However, tenants can inquire about pet policies and find out what rules apply when it comes to renting with a service dog. It’s important to note that landlords have the legal right to reject visitors who do not adhere to the property’s pet policy. If necessary, you can work with an apartment coordinator to establish specific guidelines regarding your psychiatric service animal.

Determining if a Service Dog Is Permitted in a Rental Unit.

Since landlords strive to keep rental properties clean and maintained, they have their own rules regarding pets. For instance, some landlords may require a pet deposit or charge regular rent for animals. Tenants who are supported by a service dog are protected under the Service Dog Housing Rights of Canada. It’s crucial to know that service dogs are not considered pets and are therefore exempt from the requirements mentioned above. Furthermore, landlords can only inquire about the tasks performed by a service dog and are not allowed to request information about the nature of the disability of their tenant.

Reasonable Accommodation for Canadian Tenants with Psychiatric Service Dogs.

In certain cases, accommodations may be necessary due to a disability, particularly when it comes to the housing needs of individuals who rely on service dogs. There could be various reasons why an individual may require special accommodations at home or in their workplace if they have a psychiatric service dog. These accommodations may be related to environmental control, outdoor activities with the dog, or their grooming needs. Almost all rental units are obligated to make adjustments due to disabilities under the regulations of the Human Rights Act and the Service Dog Housing Rights of Canada.

Can You Fly With Psychiatric Service Dog?

To learn more about flying with a service dog, you can visit the website of the Canadian Transportation Agency (CTA), where a guide on service dogs has been published.

Under national regulations, most major air carriers are required to accept service dogs on board their aircraft free of charge. In specific cases, Canadian airlines must also provide adjacent seating without imposing additional fares or fees. For detailed information, refer to the CTA guide on transportation service providers covered by the Accessible Transportation for Persons with Disabilities Regulations.

If you are travelling with a psychiatric service dog, it is advisable to plan ahead. The CTA website offers valuable information on traveling with a service dog, including a reservation checklist. Additionally, you will find tips on verifying your service dog’s training, finding space for your service dog, and navigating security screening.

Please note that an additional fee may be charged if you require an extra seat on the plane to accommodate your service animal. If you are in the military and relocating abroad or returning to Canada, the Canadian Armed Forces Relocation Directive (CAFRD) specifies the costs related to your accompanying service dog that are covered by the CAF.

Public Access Laws In Canada Provinces

About service dogs

Service dogs help people with specific tasks relating to visible and non-visible disabilities, such as epilepsy, PTSD, diabetes or mobility limitations.

Guide dogs, however, are specifically trained to assist people who are blind or visually impaired.

Both guide dogs and qualified service dogs have been trained and tested to ensure safety in public. By law, qualified service dog teams have the right to access any location where the public is allowed.

Right to public access

Service dog owners should carry their Service Dog ID card with them at all times when in public.

A qualified service dog team has their rights to access public spaces protected under the law. The right to public access means that a service dog team has the right to go anywhere the public may go, including:

– restaurants

– hotels

– retail stores

– movie theatres

– golf courses

– schools

– pet-restricted apartments or condos

– hospitals

– taxis and buses

– places of worship

– all other public areas

This does not apply to non-public areas such as food preparation areas, sterile hospital rooms or restricted access areas.

If other persons are present who are allergic to dogs, afraid of dogs, or avoid them for religious reasons, the rights of both parties must be taken into account. A reasonable compromise should be found to accommodate both parties. The Service Dog Assessment Team may be of assistance in finding options for dealing with conflicting interests.

Laws at a Glance

Human Rights Act Link

Alberta Human Rights Act

Human Rights Act Info

– Defines “mental disability” and “physical disability”

– Defines a “physical reliance on a guide dog, service dog” as a disability but does not give protections unless those dogs are trained pursuant to the Alberta Service Dog Act.

– prohibits discrimination

Service Dog Law:

Service Dogs Act, SA 2007, c S-7.5

Under the Guide Dog and Service Dog Act, an individual with a disability who is accompanied by a certified guide dog has the same rights and responsibilities as a person without a dog.  They must be allowed access to restaurants, taxis, buses or any other location where the general public is allowed.

The Human Rights Code also provides protection from discrimination for persons with disabilities.

Laws at a Glance

Human Rights Act Link

HUMAN RIGHTS CODE [RSBC 1996] CHAPTER 210

Human Rights Act Info

Service Dog Law:

GUIDE DOG AND SERVICE DOG ACT

Service Dog Regulations

GUIDE AND SERVICE DOG REGULATIONS

Handout Links:

Public Information to Support Accessibility for People with Disabilities Who Use a Guide or ServiceDog.

Changes to the BC Service Dog Act

Human Rights protection for Service and Guide Dogs

The Manitoba Human Rights Commission (“the Commission”) is an independent agency of the Government of Manitoba responsible for administering The Human Rights Code (“The Code”).

The Code prohibits discrimination against individuals based on various characteristics including physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device.

A service animal is defined in The Code to be “an animal that has been trained to provide assistance to a person with a disability that relates to that person’s disability.”

Laws at a Glance

Human Rights Act Link

https://web2.gov.mb.ca/laws/statutes/ccsm/h175e.php

Human Rights Act Info

To File a Human Rights Complaint:

http://www.manitobahumanrights.ca/v1/complaints/index.html

Service Dog Law:

https://web2.gov.mb.ca/laws/statutes/ccsm/s090e.php

Service Dog Regulations

Handout Links:

www.manitobahumanrights.ca/v1/education-resources/resources/fact-sheet-pages/fact-sheet-service-animals.html

The New Brunswick Human Rights Commission (“Commission”) develops guidelines as

part of its mandate to prevent discrimination. These guidelines are intended to help

individuals understand their legal rights and responsibilities under the New Brunswick

Human Rights Act (“Act”).

This guideline gives the Commission’s interpretation of the provisions of the Act relating

to discrimination on the basis of the use of a service animal for a physical or mental

disability.

It is subject to decisions by boards of inquiry, tribunals and courts. Read this

guideline in conjunction with those decisions and with the specific language of the Act. If

there is any conflict between this guideline and the Act, the Act prevails. This guideline

is not a substitute for legal advice. Direct any questions regarding this guideline to the

Commission’s staff.

Laws at a Glance

Human Rights Act Link

https://www.canlii.org/en/nb/laws/stat/rsnb-2011-c-171/latest/rsnb-2011-c-171.html

Human Rights Act Info

To File a Human Rights Complaint:

https://www2.gnb.ca/content/gnb/en/departments/nbhrc/the-complaint-process/filing-a-complaint.html

Service Dog Law:

Service Dog Regulations

Handout Links:

https://www2.gnb.ca/content/dam/gnb/Departments/hrc-cdp/PDF/GuidelineonAccommodatingPeoplewithServiceAnimals-HRC-CDP201702.pdf

In 2012 the Service Animal Act became law in Newfoundland and Labrador. Before that, the Blind Persons’ Rights Act had provided rights to visually impaired people who needed the help of a guide dog.

In Newfoundland and Labrador, people who use Service Animals are protected under the law. Where members of the public are normally permitted or invited, people with Service Animals are also permitted and invited to attend or participate with their Service Animals.

Laws at a Glance

Human Rights Act Link

https://www.canlii.org/en/nl/laws/stat/snl-2010-c-h-13.1/latest/

Human Rights Act Info

The Human Rights Act defines disability as having the following:

– a degree of physical disability,

– a condition of mental impairment or a developmental disability,

– a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or language, and

– a mental disorder

To File a Human Rights Complaint:

https://thinkhumanrights.ca/education-and-resources/guide-to-filling-out-a-human-rights-application-form/

Service Dog Law:

https://www.assembly.nl.ca/legislation/sr/statutes/s13-02.htm

The Nova Scotia Service Dog Act protects the rights and responsibilities of service dog users. The goal of the act is to prevent service dog users from being denied access to public places and refused tenancy rights.

Laws at a Glance

Human Rights Act Link

https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-214/latest/

Human Rights Act Info

Service Dog Law:

https://nslegislature.ca/legc/bills/62nd_2nd/3rd_read/b161.htm

Service Dog Regulations

https://novascotia.ca/just/regulations/regs/sdservicedogs.htm

Handout Links:

Link to Governement of Nova Scotia website discussing Service Dogs.

Nunavut does not have a specific Service Dog law and relies solely on it’s Human Rights Act to protect individuals.

Laws at a Glance

Human Rights Act Link

https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-214/latest/

Human Rights Act Info

Service Dog Law:

https://nslegislature.ca/legc/bills/62nd_2nd/3rd_read/b161.htm

Service Dog Regulations

https://novascotia.ca/just/regulations/regs/sdservicedogs.htm

Handout Links:

Link to Governement of Nova Scotia website discussing Service Dogs.

According to the Accessibility for Ontarians with Disabilities Act’s (AODA), one of two conditions must apply for your animal to be considered a service animal:

– the animal is easily identifiable as relating to your disability (for example, it is wearing a vest or harness)

– you can provide documentation from a regulated health professional confirming the animal is required due to a disability

You are allowed to bring your service animal into public areas and businesses unless another law prohibits the animal from entering. In cases where another law prohibits service animals from entering the premises, establishments must provide another way for you to access their goods, services or facilities.

Laws at a Glance

Human Rights Act Link

Human Rights Code R.S.O. 1990, CHAPTER H.19

Human Rights Act Info

To File a Human Rights Complaint:

http://www.ohrc.on.ca/en/filing-claims-discrimination

Service Dog Law:

Service Dog Regulations

Handout Links:

Other Laws or Regulations

Accessibility for Ontarians With Disabilities Act, 2005, SO 2005, c 11

Handout here.

O. Reg. 165/16: INTEGRATED ACCESSIBILITY STANDARDS

R.S.O. 1990, Reg. 493/17: FOOD PREMISES

At this time, service dogs in Quebec don’t have a specific law. All people in Quebec who use a guide dog or service dog are protected by the Quebec Charter of Human Rights and Freedoms.

Laws at a Glance

Human Rights Act Link

En Anglais / In English:

http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/C-12

In French / En Français:

http://legisquebec.gouv.qc.ca/fr/showdoc/cs/C-12

Human Rights Act Info

Complaints can be filed from this page:

http://www.cdpdj.qc.ca/en/plainte/Pages/default.aspx

The Saskatchewan Human Rights Code (the “Code”) requires the accommodation of persons with disabilities, including persons who use service animals, in housing, employment, education, and access to public services and places. Disability is a protected category under the Code. It includes physical and mental disabilities.

Laws at a Glance

Human Rights Act Link

https://saskatchewanhumanrights.ca/your-rights/saskatchewan-human-rights-code/

Human Rights Act Info

Here is a handout from Saskatchewan discussing Service Dogs and how they are protected by the Sask Human Rights Act:

https://saskatchewanhumanrights.ca/education-resources/policies-guidelines/policy-on-service-animals/

To file a Human Rights Complaint:

https://saskatchewanhumanrights.ca/filing-a-complaint/

Service Dog Law:

Service Dog Regulations

Handout Links:

Service Dog Handout