This is an official version.
Copyright © 2012: Queen's Printer,
Statutes of Newfoundland and Labrador 2012
AN ACT TO ENSURE ACCESS FOR SERVICE ANIMALS USED BY PERSONS WITH DISABILITIES
(Assented to June 27, 2012)
1. Short title
4. Right to facilities, etc.
5. Right to housing
6. Prohibited fee
8. Use of white cane
11. Crown bound
12. RSNL1990 cB-4 Rep.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the Service Animal Act.
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.
3. This Act applies, notwithstanding another Act or regulation to the contrary.
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.
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.
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.
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.
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.
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.
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.
11. This Act binds the Crown.
RSNL1990 cB-4 Rep.
12. The Blind Persons' Rights Act is repealed.