[39] Bill 70 Original (PDF)
Bill 70 2008
An Act to amend the Blind Persons' Rights Act
Note: This Act amends the Blind Persons' Rights Act, which has not previously been amended.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The title of the Blind Persons' Rights Act is repealed and the following substituted:
Persons with Disabilities Rights Act
2. (1) The definition of "guide dog" in subsection 1 (1) of the Act is amended by adding "made under this Act" at the end.
(2) Subsection 1 (1) of the Act is amended by adding the following definitions:
"person with a disability" means a person who, because of a disability as defined in section 2 of the Accessibility for Ontarians with Disabilities Act, 2005, is dependent on a guide dog, a service dog or a white cane; ("personne handicapée")
"service dog" means a dog trained to provide service for a person with a disability who is not a blind person and having the qualifications prescribed by the regulations made under this Act. ("chien d'assistance")
3. Section 2 of the Act is repealed and the following substituted:
Guide and service dogs permitted
2. (1) No person, directly or indirectly, alone, by using another or jointly with another, shall do any of the following with respect to any other person for the reason that the latter person is a person with a disability accompanied by a guide dog or a service dog:
1. Deny the person available accommodation, services or facilities in any place to which the public is customarily admitted.
2. Discriminate against the person with respect to available accommodation, services or facilities in any place to which the public is customarily admitted or charges for the use of the accommodation, services or facilities.
Same, self-contained dwelling unit
(2) No person, directly or indirectly, alone, by using another or jointly with another, shall do any of the following with respect to any other person for the reason that the latter person is a person with a disability keeping or customarily accompanied by a guide dog or a service dog:
1. Deny the person occupancy of any available self-contained dwelling unit.
2. Discriminate against the person with respect to any term or condition of occupancy of any available self-contained dwelling unit.
Other facilities
(3) Nothing in this section shall be construed to entitle a person with a disability to require any service, facility or accommodation in respect of a guide dog or a service dog other than the right to be accompanied by the dog.
4. Subsections 4 (1) and (2) of the Act are repealed and the following substituted:
Identification cards
(1) The Attorney General or an officer of his or her Ministry designated by the Attorney General in writing may, upon application, issue to a person with a disability an identification card identifying the person and his or her guide dog or service dog, as the case may be.
Proof of qualification
(2) An identification card issued under subsection (1) is proof, in the absence of evidence to the contrary, that the person with a disability and the guide dog or service dog identified in the card are qualified for the purposes of this Act.
5. (1) Section 5 of the Act is amended by adding "and service dogs" at the end.
(2) Section 5 of the Act is amended by adding the following subsections:
Scope of regulations
(2) Regulations made under subsection (1) that prescribe qualifications for guide dogs or service dogs may be general or particular in their application and may prescribe different qualifications for the dogs depending on the class of persons with disabilities to whom they provide service.
Classes
(3) A class under the regulations made under subsection (1) may be defined with respect to any attribute, quality or characteristic or combination of them and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics.
6. Subsection 6 (2) of the Act is amended by striking out "blind person" wherever that expression appears and substituting in each case "person with a disability".
Commencement
7. This Act comes into force on the day it receives Royal Assent.
Short title
8. The short title of this Act is the Blind Persons' Rights Amendment Act, 2008.
EXPLANATORY NOTE
The Bill amends the Blind Persons' Rights Act to extend the rights of blind persons under the Act to all persons with disabilities if they are dependent on a guide dog, a service dog or a white cane.