Ontario Guidelines For Public Access
What do you do if your dog is refused access? The first thing is to stay calm. Becoming angry and demanding your rights is argumentative and can escalate a situation. The best option is to remain calm and try to reason with the person.
When you are in a situation that you are being refused access there are a few things you can do.
- Ask for the establishment’s written policy. If there is a public policy in place, that other handler and dog teams have needed to comply with, then you are also (within reason) expected to comply unless the guidelines break current laws.
- Document Everything. Take Video. Write down the names of all who are involved. Write down the time and address.
- If someone is interfering with you or your dog. If someone is putting your dog at risk. Remain clam and call 911. There has always been a satisfactory outcome any time I have heard of situations where police officers were involved. The officer has been polite and courteous.
- Leave the premises if ordered and then contact the police. Do not incite a confrontation.
Human Right’s Canada
There are intrinsic rights that disabled people. If you feel that your rights have been infringed upon then I suggest that you contact the AODA first, and then contact the Human Right’s Board. They will advocate for you.
There are some ‘tweaks’ in the codes and Acts. Is the dog needed to mitigate a disability? If the dog is a psych service dog that wakes you from nightmares, then it may not be needed as public access dog. IF you ‘might’ drop your wallet and there is a chance that no one will help you pick it up, then you have every right to a service dog.
Ontario Disability Act
Ministry of Community and Social Services (gov.on.ca) States that refusing anyone access with a service dog is illegal.
O. Reg. 429/07: ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE (ontario.ca) You can download the standards here and read them. You may also want to carry a copy with you. Customer Service Guide (aoda.ca)
Law Around Service Animals in Ontario
Law Around Service Animals (aoda.ca)
There is some confusion surrounding whether a dog needs to wear a vest. The answer is no, but, it must be easily identifiable. This means that you need more than just ‘a doctor’s note.’ The dog must be easily identifiable.
“Accessibility for Ontarians with Disabilities Act (AODA) states that where a person with a disability is accompanied by a guide dog or other service animal, a provider of services shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her (unless otherwise excluded by law). Under the AODA, an animal is a service animal if the animal can be readily identified as one that is being used by a person for reasons relating to that person’s disability, including where the animal is confirmed as such by a letter from a qualified “regulated health professional.” Law Around Service Animals (aoda.ca)
Other Provinces
At the time of writing a dog in Alberta can obtain training anywhere, but it must be approved by a Service Dog Facility in Alberta.
British Columbia has their own regulations for approving service dogs.
Why would a restaurant refuse access?
The Canadian law does not demand that a service dog be identified by a vest. However, restaurants can lose their license if they allow a pet dog on premises. This causes a conflict between service dog handlers who want to exercise their rights.
The best practice is to wear a vest. This way all patrons will see the vest and will not complain or report the restaurant to the health board. Remember, you will be gone before the health board investigates so the restaurant is left with no defense.
Why would a store refuse access?
We are allowed to use any breed (except a pit bull in Ontario) as a service dog. This can cause ‘undue hardship’ to many stores. If you were to walk a long coated, heavy shedding dog through the clothing department, then the damage could be well in the thousands, if not tens of thousands of dollars.
Wearing a long coat could keep the dog from leaving hair on the clothing.
There is also a liability issue with public access. While the store is protected under the Dog Owner’s Liability act, most people do not have insurance for dog damage or dog bites. House insurance does not cover damage done by dogs. (Dog Owners’ Liability Act, R.S.O. 1990, c. D.16 (ontario.ca))
Under this Act a dog can be deemed menacing and removed from premises if it barks happily. If anyone on the premises deems the dog is a ‘menace’ then the dog can be removed. As dog people we understand the difference between a happy bark, and a doggie grin, and a vicious bark and a growl. The general population does not.
Dog Owner’s Liability
There is a misconception that service dogs are exempt. This is not true. There is also the misconception that service dogs can ‘act out’, and as long as they are not acting aggressively then they are exempt.
Neither of these are true. The law doesn’t differentiate between a dog that was injured, stressed, reactive or aggressive. The law doesn’t differentiate between a nip and a full bite leaving puncture wounds or tears.
The law doesn’t make exemptions based on whether a dog was provoked.
There is also the industry standard that a service dog must not guard it’s owner.
Seizure in public place – Dog Liability Act
The handler wants to remain calm, and controlled to protect their liability but to also advocate for their dog.
15 (1) A peace officer may seize a dog in a public place if the officer believes on reasonable grounds that,
(a) the dog has on one or more occasions bitten or attacked a person or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal,
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;