SNL2012 cS-13.02 - SERVICE ANIMAL ACT

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 .

2012 cS-13.02 s1

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.

2012 cS-13.02 s2

Application

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

2012 cS-13.02 s3

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.

2012 cS-13.02 s4

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.

2012 cS-13.02 s5

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.

2012 cS-13.02 s6

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.

2012 cS-13.02 s7

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

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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.

2012 cS-13.02 s10

Crown bound

11. This Act binds the Crown.

2012 cS-13.02 s11

RSNL1990 cB-4 Rep.

12. The Blind Persons' Rights Act is repealed.

2012 cS-13.02 s12

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