First Session, 47th

General Assembly

61 Elizabeth II,

BILL 17

AN ACT TO ENSURE ACCESS FOR

SERVICE ANIMALS USED BY PERSONS WITH DISABILITIES

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE FELIX

COLLINS

Minister of Justice

and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal the Blind Persons' Rights Act and replace it

with the Service Animal Act. The Service Animal Act would incorporate

the provisions of the Blind Persons'

Rights Act but also expand that Act to have it apply to

trained service animals and not

only to trained guide dogs; and

all persons with disabilities

who are dependent on a service animal.

A BILL

AN ACT TO ENSURE ACCESS FOR SERVICE ANIMALS

USED BY PERSONS WITH DISABILITIES

Analysis

Short title

Definitions

Application

Right to facilities, etc.

Right to housing

Prohibited fee

Saving

Use of white cane

Regulations

Offence

Crown bound

RSNL1990 cB-4 Rep.

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 .

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.

Application

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

(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.

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.

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;

(

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.

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) to give effect to the purpose of this Act.

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.

Crown bound

11. This

Act binds the Crown.

RSNL1990 cB-4 Rep.

12. The Blind

Persons' Rights Act is repealed.

William E. Parsons, Queen's Printer