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Access Rights Myths
Under the Accessibility for Ontarians with Disabilities Act (AODA), a person with a disability accompanied by a Service Animal has the fundamental right to access goods, services, and facilities in the same manner as anyone else (O. Reg. 165/16 s. 80.46 (2)3).
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1. Myth: "You Must Be a Customer"
A frequent barrier is the assertion that an individual must be an "official customer" or actively purchasing a product to have their Service Animal permitted on the premises.
- The Law: The AODA mandates that Service Animal Users must be allowed access to all areas of the premises that are open to the public or to third parties (O. Reg. 165/16 s. 80.47 (1)).
- The right to access a public space cannot be gated behind a purchase or a membership.
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2. Myth: "Internal Policies Supersede the Law"
Establishments often cite "No Pets Allowed" signs or "management policy" to deny access.
- The Law: Provincial legislation supersedes internal business policies (R.S.O. 1990, c. H.19 s. 29).
- A "No Pets" policy is valid for pets, but a Service Animal is a medical necessity, not a pet.
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3. Myth: "No Animals in Food Establishments"
Restaurants and grocery stores mistakenly refuse entry to Service Animal Users fearing health inspection violations.
- The Law: Under the Health Protection and Promotion Act, service dogs are explicitly exempt from the rule prohibiting animals in food premises (O. Reg. 493/17, s. 14).
- Exception: Service Animals are generally not permitted in restricted rooms where food is actively prepared, processed, or manufactured.
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4. Lawful Exclusions
An organization may only exclude a Service Animal if another specific law explicitly prohibits it (O. Reg. 165/16 s. 80.47 (3)). If lawfully excluded, the organization is legally obligated to explain why and offer alternative ways for the person to access their services.