These regulations (N.S. Reg. 94/2018) (just regulations regs sdservicedogs.htm)
N.S. Reg. 94/2018
Nova Scotia — Regulations
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Service Dogs Regulations
made under
Section 19 of the
Service Dog Act
S.N.S. 2016, c. 4
O.I.C. 2018-165 (effective June 27, 2018), N.S. Reg. 94/2018
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Citation
Definitions
Form of certificate and identification card
Identification cards
Secondary handlers for service dog teams
Issuing and Renewing Certificates
Term of certificates
Training requirements for service dog team certificate
Persons or organizations designated to perform service dog assessments
Reassessment of service dog team required by Registrar
Service dog team certificate application
Renewing service dog team certificate
Dog-in-training team certificate application
Dog-in-training removed from service dog training program
Dog trainer no longer training dogs for accredited training school
Retired service dog team certificate application
Retired service dog dies or no longer resides with certificate holder
Temporary certificates
Replacing lost, stolen or damaged certificate
Cancelling or Refusing to Renew Certificates
Change in contact information
Registrar must be notified of changes to service dog team
Registrar must be notified if dog attacks, bites or injures person or animal
Cancellation of certificate if service dog acts in threatening manner
False or misleading information in application
Notice of intention to cancel certificate
Citation
1 These regulations may be cited as the Service Dogs Regulations .
Definitions
2 In the Act and these regulations,
“accredited training school” means an organization that provides training programs
respecting service dogs and is accredited by, or has candidacy status with, 1 of the
following organizations:
(
i) Assistance Dogs International,
(ii) International Guide Dog Federation;
“Act” means the Service Dog Act ;
“application” means an application for a certificate or renewal of a certificate;
“day” means a calendar day;
“designated organization” means an entity designated by the Register to perform a
service dog assessment;
“medical practitioner” means an authorized medical practitioner as defined in the
Medical Act , or an individual that the Registrar is satisfied is authorized to practise
medicine under an enactment of a jurisdiction of Canada, other than the Province,
or a jurisdiction of the United States of America in a capacity that is at least
equivalent to that of a medical practitioner in the Province;
“nurse practitioner” means an authorized nurse practitioner as defined in the
Registered Nurses Act , or an individual that the Registrar is satisfied is authorized
to practise nursing under an enactment of a jurisdiction of Canada, other than the
Province, or a jurisdiction of the United States of America in a capacity that is at
least equivalent to that of a nurse practitioner in the Province;
“retired service dog team certificate” means a certificate issued for a retired service
dog team;
“secondary handler” means a parent or legal guardian of the human member who
is their primary support for day-to-day living and may require access to public
places with the service dog when the human member is not present;
“service dog assessment” means an assessment to determine whether an individual
and dog meet the conditions, qualifications and requirements necessary to be
issued a certificate as a service dog team in accordance with
Section 8;
“service dog team certificate” means a certificate issued for a service dog team;
“veterinarian” means an individual who is authorized under the Veterinary Medical
Act to practise veterinary medicine in the Province or an individual that the
Registrar is satisfied is authorized to practise veterinary medicine under an
enactment of a jurisdiction of Canada, other than the Province, or a jurisdiction of
the United States of America in a capacity that is at least equivalent to that of a
veterinarian authorized under the Veterinary Medical Act to practise veterinary
medicine.
Form of certificate and identification card
3 A certificate may be combined with an identification card and issued in the same form.
Identification cards
4 An individual who is issued an identification card must carry and produce the
identification card on request.
Secondary handlers for service dog teams
(1) A service dog team certificate may designate a secondary handler who may access
public places with the dog member of the service dog team.
(2) A secondary handler must comply with all duties and requirements, including any
required training, that a human member must comply with under the Act and these
regulations.
(3) Despite subsection (2), the Registrar may require only 1 of the human member and
secondary handler to comply with the requirements to provide notice in Sections
16, 20 and 21.
(4) A secondary handler must be issued an identification card identifying the
individual as a secondary handler for a specified service dog team.
Issuing and Renewing Certificates
Term of certificates
(1) The term of a certificate is as set out in the following table:
Certificate
Term
service dog team
2 years
dog trainer
2 years
dog-in-training
2 years
retired service dog team
expires on death of dog
(2) When a retired service dog dies, the retired service dog team certificate must be
returned to the Registrar.
Training requirements for service dog team certificate
(1) The Registrar may not issue a service dog team certificate unless all of the
following conditions are met:
(
a) the individual and the dog identified in the application have together
successfully completed 1 of the following in accordance with the deadlines
specified in subsection (2):
(
i) a service dog training program provided by an accredited training
school,
(ii) a service dog assessment;
(
b) the dog has been spayed or neutered by a veterinarian.
(2) For the purposes of clause (1)(a),
(
a) the service dog training program required by subclause (1)(a)(
i) must be
completed no earlier than 90 days before the date the application is received
by the Registrar; and
(
b) the service dog assessment required by subclause (1)(a)(ii) must be completed
no later than 90 days after the date the application is received by the Registrar.
(3) Despite subclause 7(1)(a)(i), the Registrar may issue a service dog team certificate
to an applicant who does not reside in the Province if the individual and the dog
identified in the application have received training acceptable to the Registrar.
Persons or organizations designated to perform service dog assessments
(1) A service dog assessment must be performed by 1 of the following:
(
a) a designated organization;
(
b) a person designated by the Registrar.
(2) The Registrar may designate an organization or person to perform service dog
assessments.
(3) The Registrar may revoke a designation made under subsection (2) by notice in
writing to the organization or person.
Reassessment of service dog team required by Registrar
9 On receiving written notice from the Registrar, the human member of a service dog team
must successfully complete 1 of the following within the time specified by the Registrar:
(
a) an assessment administered by an accredited training school;
(
b) a service dog assessment.
Service dog team certificate application
10 All of the following is prescribed as the information and documents to be included under
clause 6(2)(
b) of the Act in an application for a service dog team certificate:
(
a) the applicant’s full legal name, date of birth, address, telephone number and e-mail address;
(
b) for any secondary handler to be designated in the certificate, their full legal
name, date of birth, address, telephone number and e-mail address;
(
c) the dog’s breed, sex, colour, identifying marks and name;
(
d) a colour photograph in portrait format that clearly depicts both the applicant
and the dog taken no earlier than 3 months before the date of the application;
(
e) for an applicant who has completed a service dog training program provided
by an accredited training school, written confirmation from the school that the
applicant and dog have successfully completed the training program, and the
date the program was completed;
(
f) for an applicant who is required to complete a service dog assessment,
(
i) written confirmation from a medical practitioner or a nurse practitioner
that the applicant is a person with a disability,
(ii) written confirmation from a veterinarian that the dog has been spayed or
neutered,
(iii) written confirmation from the designated organization or person that
performed the assessment that the applicant and dog have successfully
completed the assessment, to be submitted no later than 90 days after
the date the application is received by the Registrar;
(
g) any information or documents that the Registrar considers necessary to assess
whether the applicant and dog satisfy all of the conditions, qualifications and
requirements in the Act and these regulations.
Renewing service dog team certificate
(1) All of the following is prescribed as the information and documents to be included
under clause 6(2)(
b) of the Act in an application for renewing a service dog team
certificate:
(
a) all of the information required by
Section 10, except for clause 10(f);
(
b) written confirmation from a designated organization or person that the
applicant and dog have successfully completed the service dog assessment
required by subsection (2).
(2) No later than 90 days before applying to renew a service dog team certificate, an
applicant must complete a service dog assessment.
Dog-in-training team certificate application
(1) The Registrar must not issue or renew a dog-in-training team certificate unless all
of the following criteria are met:
(
a) the applicant is an authorized representative of an accredited training school;
(
b) the dog is being trained, or will be trained, by a dog trainer on behalf of the
accredited training school for the purpose of becoming a service dog.
(2) All of the following is prescribed as the information and documents to be included
under clause 6(2)(
b) of the Act in an application for the issuance or renewal of a
dog-in-training team certificate:
(
a) the applicant’s full legal name, date of birth, address, telephone number and e-mail address;
(
b) a colour photograph in portrait format that clearly depicts both the applicant
and the dog taken no earlier than 3 months before the date of the application;
(
c) the dog-in-training’s breed, sex, colour, identifying marks and name;
(
d) written confirmation from the accredited training school that the dog-in-training meets the requirement in clause (1)(b);
(
e) the name of each dog trainer who will be responsible for training the dog-in-training;
(
f) written confirmation from the accredited training school that the applicant has
a valid service dog training accreditation for the purpose of training service
dogs.
Dog-in-training removed from service dog training program
(1) No later than 30 days after a dog-in-training is permanently or indefinitely removed
from the service dog training program of the accredited training school stated in
the dog-in-training team certificate application for the dog, the dog’s dog trainer
must notify the Registrar of the dog’s removal from the program.
(2) The Registrar may cancel a dog-in-training team certificate if the Registrar is
satisfied that the dog identified in the certificate is permanently or indefinitely
removed from the service dog training program of the accredited training school
stated in the application for the certificate.
Dog trainer no longer training dogs for accredited training school
(1) A dog trainer who no longer trains dogs for the accredited training school stated in
the application for their certificate must notify the Registrar of this fact no later
than 30 days after the date they cease to train dogs for the accredited training
school.
(2) The Registrar must cancel a dog trainer certificate if the Registrar is satisfied that
the dog trainer no longer trains dogs on behalf of the accredited training school
stated in the application for their certificate.
Retired service dog team certificate application
15 All of the following is prescribed as the information and documents to be included under
clause 6(2)(
b) of the Act in an application for a retired service dog team certificate:
(
a) a colour photograph in portrait format that clearly depicts both the applicant
and the dog taken no earlier than 3 months before the date of the application;
(b) 1 of the following certificates:
(
i) the service dog team certificate issued to the applicant,
(ii) a certification for the applicant and dog to act as a team that was issued
by an accredited training school either before or after the coming into
force of the Act or these regulations.
Retired service dog dies or no longer resides with certificate holder
16 The human member of a retired service dog team must notify the Registrar [of] any of the
following no later than 30 days after it occurs:
(
a) the dog identified in a retired service dog certificate dies;
(
b) the dog identified in a retired service dog certificate no longer resides with the
certificate holder.
Temporary certificates
(1) The Registrar may issue a temporary certificate to an individual and a dog that hold
valid certification in a jurisdiction outside the Province if all of the following
conditions are met:
(
a) the individual and dog need to enter the Province for a specified period of
time;
(
b) the requirements and training in the jurisdiction in which the individual and
dog hold certification are considered by the Registrar to be at least equivalent
to those required by the Act and these regulations.
(2) A temporary certificate must state the time period for which it is valid.
Replacing lost, stolen or damaged certificate
18 The human member of a service dog team or retired service dog team or a dog trainer
may apply to the Registrar to replace a lost, stolen or damaged certificate, in the form and
manner required by the Registrar.
Cancelling or Refusing to Renew Certificates
Change in contact information
19 A certificate holder must notify the Registrar of any change in the certificate holder’s
name or mailing address no later than 30 days after the date of the change.
Registrar must be notified of changes to service dog team
20 The human member of a service dog team must notify the Registrar of any of the
following no later than 30 days after the date it occurs:
(
a) the dog identified in the certificate retires, dies, becomes permanently disabled
or is otherwise unable to perform the functions of a service dog;
(
b) the individual or the dog identified in the certificate ceases to meet any of the
conditions, qualifications or requirements of the Act or these regulations;
(
c) the human member of the service dog team no longer requires the assistance
of a service dog.
Registrar must be notified if dog attacks, bites or injures person or animal
21 No later than 5 days after the date it occurs, the human member of a service dog team
must notify the Registrar of any incident in which the dog member of the team attacks,
bites or injures a person or animal.
Cancellation of certificate if service dog acts in threatening manner
22 The Registrar may cancel or refuse to renew a certificate if the Registrar is satisfied that
the dog identified in the certificate acted or behaved in a manner that threatened the safety
of a person or animal.
False or misleading information in application
23 The Registrar may cancel or refuse to renew a certificate if the Registrar is satisfied that
the certificate holder’s application contains false or misleading information.
Notice of intention to cancel certificate
(1) Except as provided in subsection (2), before cancelling a certificate, the Registrar
must notify the certificate holder in writing that the Registrar intends to cancel their
certificate.
(2) The Registrar is not required to send notice under subsection (1) in either of the
following circumstances:
(
a) the Registrar has reasonable grounds to believe that the service dog or dog-in-training identified in the certificate poses a risk to the safety of persons or
other animals;
(
b) the certificate holder has not complied with the change in contact information
requirement in
Section 19.
Legislative History
Reference Tables
Service Dogs Regulations
N.S.
Reg.
94/2018
Service Dog Act
Note: The information in these tables does not form part of the regulations
and is compiled by the Office of the Registrar of Regulations for reference
only.
Source Law
The current
consolidation of the Service Dogs Regulations made under the Service
Dog Act includes all of the following
regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
94/2018
Jun 27, 2018
date specified
Jun 22, 2018
The following regulations are not yet in
force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations
Act for rules about in force dates of regulations.
Amendments by
Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
Provision affected
How affected
..........................................................
Note that changes to headings
are not included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
Repealed and Superseded:
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only regulations that are specifically repealed and replaced appear in
this table. It may not reflect the
entire history of regulations on this subject matter.