Bill 223 2009

An Act respecting the rights of disabled persons who use service dogs

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"disabled person" means a person who has a disability within the meaning of the Ontarians with Disabilities Act, 2001; ("personne handicapée")

"service dog" means a dog trained to provide assistance to disabled persons and having the qualifications prescribed by the regulations. ("chien d'assistance") 

Service dogs permitted in places to which public admitted

   2.  (1)  No person, directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall,

  (a)  deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted; or

  (b)  discriminate against any person with respect to the accommodation, services or facilities available in any place to which the public is customarily admitted, or the charges for the use thereof,

for the reason that he or she is a disabled person accompanied by a service dog.

Service dogs permitted in self-contained dwelling unit

   (2)  No person, directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall,

  (a)  deny to any person occupancy of any self-contained dwelling unit; or

  (b)  discriminate against any person with respect to any term or condition of occupancy of any self-contained dwelling unit,

for the reason that he or she is a disabled person keeping or customarily accompanied by a service dog. 

Other facilities

   (3)  Nothing in this section shall be construed to entitle a disabled person to require any service, facility or accommodation in respect of a service dog other than the right to be accompanied by the service dog.

Regulations

   3.  The Lieutenant Governor in Council may make regulations prescribing qualifications for service dogs.

Penalty

   4.  Every person who is in contravention of section 2 is guilty of an offence and on conviction is liable to a fine not exceeding $5,000.

Commencement

   5.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Disabled Persons' Service Dogs Act, 2009.

EXPLANATORY NOTE

The Bill enacts the Disabled Persons' Service Dogs Act, 2009. The Act includes a provision stating that no person shall deny accommodation, services or facilities to a person or discriminate against a person with respect to accommodation, services or facilities for the reason that he or she is a disabled person accompanied by a service dog. A person who contravenes the provision is liable to a fine of up to $5,000.