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Legal Reference for All: Ontario Laws on Service Animals
This page compiles the exact legislative texts governing service animals in Ontario.
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1. Accessibility for Ontarians with Disabilities Act (AODA)
Regulation under this Act: Integrated Accessibility Standards This is the primary regulation governing public access for service animals.
Defining a Service Animal (O. Reg. 165/16, s. 80.45):
*(1) The standards set out in this Part apply to obligated organizations that are providers of goods, services or facilities. Section (2) In this Part, a reference to a provider is a reference to an obligated organization as a provider of goods, services or facilities, unless the context requires otherwise.
(3) In this Part,
- “guide dog” means a guide dog as defined in section 1 of the Blind Persons’ Rights Act; (“chien-guide”)
- “service animal” means an animal described in subsection (4); (“animal d’assistance”)
- “support person” means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods, services or facilities. (“personne de soutien”).
(4) For the purposes of this Part, an animal is a service animal for a person with a disability if, (a) the animal can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or (b) the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability:
(i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario. (ii) A member of the College of Chiropractors of Ontario. (iii) A member of the College of Nurses of Ontario. (iv) A member of the College of Occupational Therapists of Ontario. (v) A member of the College of Optometrists of Ontario. (vi) A member of the College of Physicians and Surgeons of Ontario. (vii) A member of the College of Physiotherapists of Ontario. (viii) A member of the College of Psychologists of Ontario. (ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.*
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2. _Accessibility for Ontarians with Disabilities Act- (AODA)
Integrated Accessibility Standards (O. Reg. 165/16, s. 80.47) This section describes the use of Service Animals
(1) This section applies if goods, services or facilities are provided to members of the public or other third parties at premises owned or operated by the provider and if the public or third parties have access to the premises.
(2) If a person with a disability is accompanied by a guide dog or other service animal, the provider shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her, unless the animal is otherwise excluded by law from the premises.
(3) If a service animal is excluded by law from the premises, the provider shall ensure that other measures are available to enable a person with a disability to obtain, use or benefit from the provider’s goods, services or facilities.
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3. Health Protection and Promotion Act
Food Premises (O. Reg. 493/17, s. 14 (2)) This regulation explicitly exempts service dogs from the general rule barring animals from places where food is served.
(1) Every room where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale shall be kept free from live birds or animals. *(2) Subsection (1) does not apply to, * (a) service dogs serving as guides for blind persons or working dogs for persons with disabilities, if the dogs are in an area of the food premise where food is served, sold or offered for sale;
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3. Ontario Human Rights Code (OHRC)
R.S.O. 1990, c. H.19 The OHRC guarantees the right to equal treatment without discrimination because of disability (s. 1). The Code's definition of "disability" is broad and protects both visible and invisible conditions, including mental health, cognitive, and psychiatric disabilities (s. 10). Internal business policies cannot override the OHRC (s. 29).
Penalty Every person who contravenes (...) or an order of the Tribunal is guilty of an offence and on conviction is liable to a fine of not more than $25,000 (s. 46.2 (1))
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4. Key Case Law (Jurisprudence)
The Human Rights Tribunal of Ontario (HRTO) has consistently clarified the rights and responsibilities of Service Animal Users and service providers.
- Allarie v. Rouble (2010 HRTO 61): This case established that a service animal does not need to be certified or trained by a recognized organization to be protected under the Ontario Human Rights Code. The Tribunal ruled that a medical note confirming the disability-related need is sufficient to establish a service animal’s status, and service providers cannot second-guess this evidence.
- Robdrup v. J. Werner Property Management (2012 HRTO 1372): This ruling confirmed that a dog not formally trained as a service animal can still qualify as a service animal if it supports the person’s disability-related needs. It emphasized that formal certification is not required.
- Scott v. Siu (2017 HRTO 1108): This case clarified that even if a service animal is clearly identifiable (e.g., wearing a vest), a service provider may still request supporting documentation. The HRTO found this request was not discriminatory, especially given the risk of fake service animal attire being purchased online.
- Robinson-Cooke v. Ontario (Community and Social Services) (2023 HRTO 1133): marked a significant shift: the HRTO ruled that requiring a service animal to be trained by an ADI-accredited facility is discriminatory on the ground of disability, particularly for people with mental health disabilities (e.g., PTSD), as no such facilities in Ontario train dogs for these conditions. The Tribunal ordered the province to review and amend the policy, and awarded $20,000 in damages and $5,040 in lost benefits.