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CHAPTER S-13.02

SERVICE ANIMAL ACT

Amended:

2024 cN-5.1 s71

CHAPTER S-13.02

AN ACT TO ENSURE ACCESS FOR SERVICE ANIMALS USED BY PERSONS WITH DISABILITIES

(Assented to June 27, 2012)

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

This Act may be cited as the Service Animal Act .

2012 cS-13.02 s1

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Definitions

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

registered nurse, nurse practitioner

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.

2012 cS-13.02 s2 ; 2024 cN-5.1 s71

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Application

This Act applies, notwithstanding another Act or regulation to the contrary.

2012 cS-13.02 s3

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Right to facilities, etc.

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.

2012 cS-13.02 s4

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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.

2012 cS-13.02 s5

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Prohibited fee

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.

2012 cS-13.02 s6

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Saving

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; or

(

b) the right of the person with a disability to have the service animal live with him or her in a dwelling unit.

2012 cS-13.02 s7

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Use of white cane

A person other than a blind person shall not carry or use a white cane in a public thoroughfare, public conveyance or public place.

2012 cS-13.02 s8

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Regulations

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) generally, to give effect to the purpose of this Act.

2012 cS-13.02 s9

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Offence

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.

2012 cS-13.02 s10

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Crown bound

This Act binds the Crown.

2012 cS-13.02 s11

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RSNL1990 cB-4 Rep.

The Blind Persons' Rights Act

is repealed.

2012 cS-13.02 s12

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