Singleton Urquhart Reynolds Vogel LLP

New Guide Dog Rules: Best Practices for Businesses

On January 18, 2016, the Guide Dog and Service Dog Act came into force in British Columbia, replacing the former Guide Animal Act and clarifying and expanding the rights of disabled persons using service dogs to assist them in their day-to-day activities. Business owners, employers, landlords, and strata corporations should be aware of the Act and its provisions.

The new Act defines two kinds of certified assistance dogs: guide dogs that provide guidance to the visually impaired; and service dogs, which provide specific services to persons with other kinds of disabilities, including “invisible disabilities” such as mental or psychiatric disabilities. Dogs may provide services that are not obvious to the public, such as performing advance detection of seizures or reminding handlers to take medication.

Certification means that the dog and handler team have passed a rigorous test proving that the handler has a disability, and that the dog and handler team is public-ready. Dog and handler teams must show that they can calmly handle crowded spaces, be polite and unobtrusive in restaurants and other businesses, and generally behave appropriately in public. Once certified, service and guide dog teams are issued government ID.

Under the new legislation, guide dog teams, service dog teams and dog-in-training teams may go anyplace, unrestricted, that the public can access, including private businesses, restaurants, public transit and airplanes. Businesses that refuse or restrict access to certified dogs and their handlers can be fined up to $3000.

The Act also makes it illegal for landlords and strata corporations to refuse to accommodate guide or service dog teams, dogs- in-training and retired guide or service dog teams, or impose fees or conditions on such accommodation. Strata corporations and rental landlords should review their policies and update staff accordingly.

With these changes, the public can expect the following from service and guide dog teams:

Service and guide dog teams can expect the following from businesses and the public:

The new Guide Dog and Service Dog Act has clarified the rules around certified dogs. However, the Act does not limit the application of human rights legislation in the context of disability. This means such legislation may protect disabled persons using non-certified dogs, and discrimination against such persons may generate human rights complaints. When in doubt, businesses and employers should proceed with caution, and treat all persons with dignity.

For more information on disability-related compliance, contact Claire.

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