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Copyright © 2012: Queen’s Printer,
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SNL2012 CHAPTER S-13.02

SERVICE ANIMAL ACT

Amended:

 

CHAPTER S-13.02

AN ACT TO ENSURE ACCESS FOR SERVICE ANIMALS USED BY PERSONS WITH DISABILITIES

(Assented to June 27, 2012)

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Service Animal Act .

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Definitions

        2. In this Act

             (a)  "blind person" means a person who is considered legally blind according to the standards set by the Canadian National Institute for the Blind;

             (b)  "person with a disability" means a person who has a degree of disability and is dependent upon a service animal;

             (c)  "service animal" means an animal trained to provide assistance to a person with a disability and having the qualifications prescribed by the regulations and used by a person with a disability

                      (i)  where it is readily apparent that the service animal is used by the person for reasons relating to his or her disability, or

                     (ii)  where the person provides a letter from a physician, a nurse or those persons or categories of persons prescribed in the regulations confirming that the person requires the service animal for reasons relating to the disability; and

             (d)  "white cane" means a cane or walking stick the major portion of which is white.

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Application

        3. This Act applies, notwithstanding another Act or regulation to the contrary.

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Right to facilities, etc.

        4. A person shall not 

             (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.

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Right to housing

        5. (1) A person shall not

             (a)  deny to a person occupancy of a commercial unit or a self-contained dwelling unit; or

             (b)  discriminate against a person with respect to a term or condition of occupancy of a commercial unit or a self-contained dwelling unit,

by reason only that the person is a person with a disability and keeps or is customarily accompanied by a service animal.

             (2)  A prohibition in a lease against the keeping of dogs or animals does not apply to a service animal owned or used by a person with a disability.

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Prohibited fee

        6. A person shall not charge a fee to a person with a disability for his or her service animal in respect of a right of admission to or enjoyment of accommodation, services or facilities under section 4 or in respect of a right of occupation under section 5.

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Saving

        7. Nothing in this Act grants a right to a person with a disability to require a service, facility or accommodation in respect of his or her service animal, other than

             (a)  the right to be accompanied by the service animal; or

             (b)  the right of the person with a disability to have the service animal live with him or her in a dwelling unit.

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Use of white cane

        8. A person other than a blind person shall not carry or use a white cane in a public thoroughfare, public conveyance or public place.

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Regulations

        9. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing qualifications for service animals;

             (b)  prescribing those persons or categories of persons who may confirm that a person requires a service animal; and

             (c)  generally, to give effect to the purpose of this Act.

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Offence

      10. A person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction

             (a)  in the case of an individual, to a fine of not more than $500 or to imprisonment for not more than 30 days or to both a fine and imprisonment; and

             (b)  in the case of a corporation, to a fine of not more than $1,000.

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Crown bound

      11. This Act binds the Crown.

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RSNL1990 cB-4 Rep.

      12. The Blind Persons' Rights Act is repealed.

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