There are Canadian federal laws that require public and privately owned establishments to allow people with disability to bring their service animals onto the business or location premises. This means that a person with a disability is allowed, with their service animal, to go anywhere on the business’ premises where customers are allowed to go. This law extends to all establishments, including restaurants, retail locations (including grocery stores), hotels, concert venues, sport facilities, airplanes and taxicabs. Given that disabled people who have a service animal rely on them for medical needs, there should be zero discrimination against those with service animals and their accessibility to a place or service. A service animal is considered as important and non-negotiable as a hearing aid or wheelchair.
While these hard working four-legged friends provide a wide range of help and support to those in need, many people who have service animals face discrimination from the public and employers regarding accessibility and social acceptance. If you are thinking about getting a service animal or already have a service animal, you should be aware of the benefits and certain disability rights you are entitled to. If you have been denied these rights or certain disability-related benefits associated with service animals, we highly suggest you speak to a long-term disability lawyer as soon as possible.
Responsibilities of the Owner
It is the owner’s responsibility to have proper identification for their animal which indicates that their service animal is indeed “on the job”. When a dog is wearing a service dog vest, indicating their purpose and accompaniment of an individual, they should be granted access and welcomed along with the disabled individual. Certain provinces have their own rules and regulations regarding specific identifying documents for service animals. In Ontario, there is no certification requirement for service animals, except for guide dogs used by the visually impaired.
Service Animal Rights
There are different statutory regimes that address the use of assistance animals in each province. In Ontario, the primary statutory regimes that govern Service Animals include the:
- Blind Person’ Rights Act: This act provides public access and housing protections for the user of guide dogs.
- Human Rights Code (HRC): Protects people with disabilities, including those who rely on guide dogs and service animals, from discrimination, harassment and reprisal in all areas covered by the HRC. These areas include services, goods and facilities, accommodation, contracts, employment and vocational associations.
- Integrated Accessibility Standards(under the Accessibility for Ontarians with Disabilities Act)
- Food Premises (under the Health Protection and Promotion Act): Allows guide dogs and service dogs (not all service animals) into premises where food is served, sold or offered for sale.
According to the Accessibility For Ontarians With Disabilities Act, if a person with a disability is accompanied by a service animal, the provider of any goods or service shall ensure that that person is permitted to enter the premise, and access the provided services, with the animal. The animal is to be kept by the disabled person at all times, unless the animal is “excluded by law” from the premises. Such laws can vary, but if the service animal is “excluded by law” from the premises, then the provider of the goods or services must ensure that all other measures are available to enable the disabled person in being able to obtain, use or benefit from the provider’s goods or services. A “guide dog” and “service animal” are both covered by this law, though there is a distinction between the two:
- A Guide Dog is a dog as defined by Section 1 of the Blind Persons Rights Act. According to this act, a guide dog is for people who are blind, have low vision, or have vision loss.
- A Service Animal is an animal for a person with a disability that is needed for reasons related to the person’s disability. A service animal can also be acknowledged if the person with the disability provides a letter from a physician or nurse confirming that they require the animal for reasons relating to their disability.
Bringing Your Service Animal To Work
When an employee seeks accommodation at work for bringing in their service animal, they must provide a certain amount of medical documentation and direct letter from their primary care physician regarding the need for the service animal. This accommodation is to be made for a permanent or long-term period of time. Such accommodation includes modifications to the work space and area where the disabled person is to be during their working hours to accommodate their service animal.
The HRC protects those suffering from disabilities and any discrimination they may face from an employer when it comes to bringing and using their service animal. There is zero tolerance for any harassment or reprisal in all of the social areas covered by the HRC. If your employer is making it difficult for you to accommodate your service animal or the use of a service animal, or if you are feeling that there is reprisal against you as a result of needing a service animal, contact a long-term disability attorney immediately.
Service Animal Benefits
Each province and territory in Canada has certain disability benefits that can help pay for the costs of having a service animal.
- Canada Revenue Agency provides a tax benefit for personal income taxes for those use a service animal. For Lines 330 and 331: “Eligible medical expenses you can claim on your tax return”. In this section you can claim the cost of a specially trained animal (service animal) that helps a person who is:
- Blind
- Profoundly deaf
- Has severe and prolonged physical impairment that restricts the use of their arms or legs
- Is severely affected by Autism or Epilepsy
- Has severe Diabetes
In addition to the cost of the animal, things such as the care and maintenance (which would include food and veterinary care) are also eligible expenses. When someone needs to travel with their service animal, and pays out of pocket for certain costs associated with traveling with their service animal, these too can be written and filed as expenses. Furthermore, reasonable travel expenses can be covered for a disabled person to attend a school or institution, as well as any other place that is meant to train them in handling their service animal. This includes costs such as board and lodging for full-time attendance.
- In Ontario, the Ontario Disability Support Program (ODSP) offers a benefit of $76/month to cover the care costs associated with having a Guide Dog. To qualify for this benefit, you must supply your local ODSP office proof that your service animal has been trained and properly certified by a training facility specific to your disability. Such training facilities that are approved by the ODSP include:
- one listed in the Blind Person’s Rights Act, under Regulation 58
- an organization that is a member of the Assistance Dogs International
- a school that is a member of the International Guide Dog Federation
Contacting a Toronto Disability Lawyer
If you are someone suffering from a physical disability or mental disability and require the use of a service animal, you should never have to face any discrimination or reprisal from a public or private entity, including your employer. If and when you do face such treatment, you should be aware of the laws that protect you and your service animal’s rights. Long-term disability lawyers are well versed in disability laws and regulations, as well as the use of disability aids.
TSF Law is one of the top long-term disability law firms in Ontario. We provide free legal consultations throughout the province and are ready to offer a lending hand to anyone who has been a victim of wrongful treatment due to their long-term disability and/or use of a service animal, guide dog, or therapy dog. Give us a call today; TSF LAwyers is always there for you.
