Service Animals and the Law

In Newfoundland and Labrador

What are Service Animals?

o   Service animals are specifically trained to assist their individual handler with his/her disability, such disabilities include diabetes, epilepsy, vision or hearing impairments, mental disorders, paralysis, and more. They are considered medical equipment;

o   Types of service animals:

• Medical alert; Medical response; Autism assistance; Mobility assistance; Assistance for the Visually-Impaired; Assistance for the Hearing-Impaired; Psychiatric assistance;

o   The service animal and their handler are often referred to as a Team;

o   They are not required to be “certified” or “registered” in NL, and therefore the handler is not required to carry any papers, identification cards, etc. to prove that he/she is accompanied by a “legitimate” service dog, other than a medical note if it is not readily apparent that the animal’s assistance is related to the handler’s disability;

o   In NL, service animals can only be one of either dogs or miniature horses;

Where are Service Animals Permitted?

o   Almost everywhere the public is permitted to go, including:

○      Hospitals; Public Transportation (including taxis); No-pet Housing or Accommodations; And More.

o   The use of service animals is permitted under the Human Rights Act and the Service Animals Act in Newfoundland and Labrador.

What if someone, such as a staff member, customer, etc., is allergic or afraid of dogs or miniature horses?

o   You cannot refuse service or force to the handler and his/her service animal to leave;

o   The rights of both parties must be taken into account and a compromise must be reached to best accommodate both individuals.

What Questions Can a Business Owner or Manager Ask?

1. Is the animal a service animal required because of a disability?

2. What work or task has the animal been trained to perform?

Under What Circumstances Can You Ask a Team to Leave?

 ·      If the service animal displays behaviours that are aggressive, damage property or are disruptive to other patrons and the handler is not able to control the animals, then the service animal team can be asked to leave the establishment.

The DOs and DON’Ts for Interacting with Service Animal Teams:

DO

·      Speak to the handler;

·      Ask appropriate questions that do not delve into personal medical information;

·      Ask for permission before petting or otherwise interacting with the service animal;

·      Respect the handler’s privacy and personal space;

·      Treat the handler with dignity.

DON’T

·      Speak to the service animal instead of the handler;

·      Pet, distract or interact with the animal in anyway without first obtaining the handler’s permission;

·      Be offended if the handler does not give permission to pet the service animal;

·      Ask personal questions about the handler’s disability;

·      Ask for the handler to have the animal demonstrate its tasks;

·      Photograph or record a Team without permission;

·      Make the Team uncomfortable with staring, whispering and pointing;

·      NEVER feed a service animal.

Why is it So Important that Service Animals are Not Distracted When Working?

·       A Service Animal Has an Important Job to Do and Distractions Can Threaten the Health and Safety of the Handler, for example:

•      A medical alert service animal warns their handler about a medical episode, such as a seizure, before it occurs. If the animal is distracted and does not alert its handler, he/she could be seriously injured or become ill as he/she did not have adequate warning to prepare for the event.

What Can be Distracting for Service Animals?

o   Calling the animal, making kissy noises or whistling;

o   Trying to pet the animal;

o   Speaking to the animal or praising the animal;

o   Feeding the animal;

o   Staring at the animal;

What About “NO PET” Policies?

o   “No Pet” policies cannot bar service animals;

o   Hotels, motels, etc. are also not legally permitted to charge any additional fees including a damage deposit or cleaning fee, to patrons accompanied by a service animal.

 For more information regarding the use of service animals in Newfoundland and Labrador see the Human Rights Commissions article Guidelines Regarding the Use of Service Animals.

Created and distributed by Melanie D. Flynn Law Office.

Please remember that the information provided in this document is not legal advice. Its purpose is only to provide general information. The facts of each case are different so any questions should be directed to your lawyer.