Human rights legislation prohibits discriminating against a person with a disability who is working with a service animal. Discrimination includes denial of access to any premises where the public would normally have access. This includes the rights of tenants.
Penalties under human rights legislation range across the country, from $100 to $10,000. The following lists legislation pertaining to guide dogs in all of Canada's 13 jurisdictions. A short summary of the sections that deal with service animals are provided. To access the full document, click on the name of the legislation.
British Columbia
1. Guide Dog and Service Dog Act
A guide dog team (certified by the BC Registrar's office) has the same access to places any individual without a guide dog has, if
- the guide dog does not occupy a seat in a place that serves food; and
- the guide dog is held by a leash or harness
A person cannot interfere with those rights nor charge a fee for those rights.
2. Human Rights Code-British Columbia
A person must not discriminate against or deny access to any accommodation, service or facility available to the public because of a disability without justifiable reason because of a disability.
Alberta
The following behaviours are discriminatory:
5 (1) No one shall discriminate against or deny:
- accommodation
- services
- facilities
where the public is admitted, or charge for the use of them, because the person is a blind person accompanied by a guide dog.
No one shall deny a person any goods, services, accommodations or facility that is available to the public or discriminate against a person with respect to any goods, services, accommodations or facility that are available to the public because of a physical disability.
*Note Alberta also has a Service Dog Act that is separate from the Blind Person's Rights Act. The Service Dog Act does not include guide dogs.
Saskatchewan
1. Saskatchewan Human Rights Code
In this code discrimination means treating people differently based on a physical or mental disability, including relying on a service animal or failure to make reasonable accommodation for the special needs of a person who uses a service animal.
Requires the accommodation of persons with disabilities, including those who use service animals, in housing, employment, education and access to public services and places.
3. Animal Protection Amendment Act
No person shall harm, attempt to harm, touch, feed, impede or interfere with a service animal.
No person responsible for an animal will allow them to harm, attempt to harm, touch, impede or interfere with a service animal.
Penalties for offences carry a fine of up to $25,000 or up to two years in jail.
Manitoba
No one may treat someone differently because of a physical or mental disability including reliance on a service animal. It is discrimination to fail to make a reasonable accommodation for someone who has a physical or mental disability including reliance on a service animal.
2. Service Animals Protection Act
No one may touch, feed, impede or interfere with a service animal.
No one may allow their dog to touch, impede or interfere with a service animal.
Penalty:
- First offense up to $5000
- Second offense up to $10,000
Ontario
No one can discriminate against or deny accommodation, services or facilities to a person because they are blind and have a guide dog.
Every person has a right to equal treatment with respect to goods and services and facilities without discrimination because of disability, including reliance on a guide dog or service animal.
3. AODA (Accessibility for Ontarians with Disabilities Act)
When a person with a disability is accompanied by a guide dog the service provider is to ensure the person is permitted to enter the premises and keep their guide dog with them.
Quebec
1. Individuals with Disabilities Act
2. Quebec Charter of Human Rights and Freedoms
Everyone shall enjoy human rights and freedoms without exclusion based on disability or the use of a support for the disability.
Discrimination exists where exclusion impairs such a right
No one may, through discrimination, deny another to the access of public transportation or public place such as a commercial establishment, hotel, restaurant, theatre, cinema, park, camping found or trailer park or obtaining the goods and services available there.
New Brunswick
1. New Brunswick Human Rights Act
The definition of physical disability includes reliance on a guide dog or any other remedial device.
No one may deny accommodation, services or facilities that are available to the public or discriminate against anyone with respect to accommodation, services or facilities based on physical disability.
Nova Scotia
The following behaviours are discriminatory:
5 (1) No one shall discriminate against or deny:
- accommodation
- services
- facilities
Where the public is admitted, or charge for the use of them, because the person is a blind person accompanied by a guide dog.
2. Nova Scotia Human Rights Act
No one may deny accommodation, services or facilities that are available to the public or discriminate against anyone with respect to accommodation, services or facilities.
*Note: Nova Scotia also has a Service Dog Act that is separate from the Blind Person's Rights Act. The Service Dog Act does not include guide dogs.
Prince Edward Island
Newfoundland and Labrador
- (a) deny a person with a disability the accommodation, services or facilities available in a place to which the public is customarily admitted; or
- (b) discriminate against a person with a disability with respect to the accommodation, services or facilities available in a place to which the public is customarily admitted, or the charges for the use of the place, for the reason only that the person is a person with a disability accompanied by a service animal.
A person shall not, on the grounds of physical disability deny goods, services, facilities or accommodation that are available to the public or discriminate with respect to goods, service, facilities or accommodation based on physical disability.
Northwest Territories
1. North West Territories Human Rights Act
No one may deny accommodation, goods, services or facilities that are available to the public or discriminate against anyone with respect to accommodation, services or facilities because of disability.
Yukon
Nunavut
No one may deny accommodation, goods, services or facilities that are available to the public or discriminate against anyone with respect to accommodation, services or facilities because of disability.