You have the right to receive the same level of service as everyone else. Service providers must accommodate your disability up to the point of undue hardship to ensure that you receive this level of service.
- Service providers cannot deny you access to a service normally open to the public because you are accompanied by a guide dog or discriminate against because you are accompanied by a guide dog.
- You have the right to receive the same level of service as everyone else without discrimination because of your disability. This means that service providers cannot impose a burden, obligation, or disadvantage on you not imposed on others. They cannot withhold or limit access to opportunities, benefits, or advantages available to others.
- You have the right to receive accommodations for your disability from service providers up to the point of undue hardship.
Duty to Accommodate and Undue Hardship
Duty to Accommodate: Service providers must provide you with accommodations/ support to ensure that you can experience the same level of service as others. To trigger this duty, you must first ask for the necessary accommodation. The service provider must then work with you to reach a reasonable solution. You should explain what kind of accommodation you need and why you need it.
Undue Hardship: This is a limit to the service provider’s duty to accommodate. Relevant factors here include (among others) the cost of accommodation (the size of the provider’s operation can be relevant here) and health and safety concerns. It is worth emphasizing here that service providers must accept some hardship in accommodating you. It is very unlikely that a service provider could prove that accommodating you would impose an undue hardship.
Where do my legal rights come from?
There are two main types of provincial legislation establishing your legal rights. These rights have also been further fleshed out by various courts and tribunals.
- The Nova Scotia Human Rights Act is the main source of your legal rights against discrimination from service providers.
- The Blind Persons’ Rights Act authorizes police to lay charges in circumstances where people are denied access to services or facilities because they are accompanied by a guide dog. The Service Dog Act also protects against discrimination based on the use of a service dog.