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Access Laws Outside the US

Bermuda

A permit to bring a dog guide into Bermuda can be obtained by writing to the Department of Agriculture and Fisheries, Hamilton, Bermuda. Regulations are as follows: All animals, including household pets entering Bermuda, must be accompanied by: (1) a veterinarian’s certificate, attesting freedom from all types of infectious and contagious diseases, and (2) certification that the area within a 50-mile radius from the place where the pet has been kept during the six months prior to its shipment has not been infected with rabies for at least one year prior to its shipment to the islands of Bermuda. Animals (dogs and cats) from countries other than Great Britain must also have a certificate at least one month old and stating that they have been vaccinated against rabies within one year immediately prior to arrival.

This health documentation must be faxed to the Department of Agriculture for approval before it will issue an import permit.

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Canadian Provinces

Alberta

The Blind Person’s Act, Chapter B-6, Sections 5(1) through 5(8), Revised Statutes 1980

Alberta law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations. It is unlawful discrimination for anyone to deny a dog guide user access to or use of public accommodation on the grounds of the dog guide’s presence. The dog guide user should be prepared to present for inspection an identification card issued by either the Canadian National Institute for the Blind or by the dog guide school from which the dog was obtained.

A dog guide user has a legally protected right to equal housing accommodation. A landlord man not insist on any term or conditions in regard to the dog guide which in any way discriminate against the dog guide’s presence. The landlord, however, is not required in any way to modify the premises.

Public accommodations include places or facilities to which the public is invited. Generally, these include stores, restaurants, hotels, and public conveyances, as well as facilities and services of similar nature. (Sect. 5 (1)(a))

Housing accommodation is defined as a self-contained dwelling unit. (Sect. 5(2))

Violation: Anyone who interferes with the above enumerated rights is guilty of an offense and upon conviction is subject to a fine not to exceed $1,000. (Sect. 8(1))

British Columbia

Guide Animal Act – 1990, revised 1996, Chapter 177, Blind Persons Rights Act, 1979, Chapter 29

British Columbia statutory law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations. No extra charge can be levied because of the dog guide’s presence, but the dog may not occupy a seat on a public conveyance and the dog must be under proper control at all times through a leash or harness.

The Minister of Consumer Service is empowered to issue a special identification card to dog guide users. However, the card issued by dog guide schools to their graduates also is evidence of the special training the dogs have received.

Public accommodations include restaurants, lodging places, public conveyances, and all other places, which serve and accommodate the public. (Sect. 2)

No one may discriminate against a blind person with a dog guide in regard to rental housing, except where it involves sharing the living area with another family. (Sect. 2)

Violation: Anyone who unlawfully discriminates against the rights of a dog guide user is guilty of an offense and upon conviction may be punished by a fine not to exceed $200. (Sect 8 )

Manitoba

Manitoba Human Rights Act, Chapter H 175

Manitoba has a broad scope of legislation centering on discrimination. Specific interpretation rests with the provincial Human Rights Commission.

New Brunswick

The Human Rights Act of New Brunswick – 1976 (as amended and consolidated in 1985) – Chapter 31; New Brunswick Regulation 84-283 under the Health Act of 1984

New Brunswick Human Rights legislation extends the prohibition against discrimination to include physical disabilities. As defined in the statute, these include the right to be accompanied by a dog guide; consequently, dog guide users have a legal right to equal employment, equal housing accommodations, and equal access to and the use of all public accommodations, services and facilities to which the public customarily is invited.

The Health Act of 1984 also exempts dog guides from prohibition against live animals in areas where food is served, and with the agreement of the district medical health officer; a dog guide may also be present in areas where food is prepared.

Equal employment covers all employees, as well as membership in professional and trade organizations. (Sect. 3(3))

Housing accommodations include the rental of residential and commercial properties, as well as the purchase of real estate. (Sect. 4(1))

Public accommodations and facilities include stores, restaurants, hotels, public conveyances, and other places to which the public customarily is admitted. (Sect. 5(1))

Violation: Enforcement is centered in the Human Rights Commission. (Sect 12)

Newfoundland

The Blind Person’s Rights Act of 1981 – Chapter 60

Newfoundland statutory law guarantees a blind person the right to be accompanied by a specially trained dog guide in all places of public accommodation. A dog guide user has a legally protected right to equal housing accommodation and no special conditions or terms can be imposed because of the dog guide.

Public accommodations and facilities include stores, restaurants, hotels, and common carriers such as trains, buses, and taxis and other conveyances, as well as other services and facilities to which the public customarily is admitted. (Sect. 4(b))

Housing accommodations include any commercial unit or self- contained dwelling unit. (Sect. 5(1)(a))

Violation: Any person who interferes with the rights enumerated in this Act is guilty of an offense and liable on summary conviction, if an individual, to a fine of not more than $500, or to imprisonment for not more than 30 days, or both; if a body corporate, to a fine of not more than $1,000, or to imprisonment for not more than 60 days, or both. (Sect. 10 (a)-(b))

Nova Scotia

Blind Person’s Rights Act – enacted 5/77, Chapter 40, Section 1

Nova Scotia law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations and facilities. No extra charge can be levied because of the presence of the dog guide. A dog guide user also has a right to equal housing accommodations, but the landlord is not required to make any modifications.

Public accommodations include restaurants, hotels, public conveyances, and other places to which the public customarily is admitted. (Sect. 4(1))

Housing accommodations include the rental of any self- contained dwelling unit. (Sect. 4(2))

Violation: Anyone who interferes with the rights enumerated above is guilty of an offense and punishable under Nova Scotia law. (Sect. 8 )

Ontario

The Blind Person’s Rights Act (Revised Statutes of Ontario, 1990) – Chapter B.7; Regulation 83 (Revised Regulation of Ontario, 1990)

Ontario laws guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and facilities. No extra charge can be levied because of the dog’s presence. A dog guide user is also guaranteed the right to equal housing accommodations, and no special terms or conditions can be imposed because of the dog’s presence. The Attorney General is authorized to issue to dog guide users a special identification card, which is prima facie evidence that a dog has been specially trained. The identification cards issued by dog guide schools to their graduates also are appropriate evidence of such training.

Public accommodations and facilities include stores, restaurants, taverns, hotels, and common carriers such as trains, buses, and taxis, and other conveyances, as well as any other place or facility to which the public customarily is invited. (Sect. 2)

Housing accommodations cover any self-contained dwelling unit. (Sect. 2(2)(a))

Violation: Anyone who interferes with the above rights is guilty of an offense and, upon conviction, is subject to a fine not to exceed $5,000. (Sect. 6(1))

Prince Edward Island

Human Rights Act of 1974, chapter H-12, 1988; Public Health Act Regulations of 1979

Prince Edward Island legislation protecting human rights includes prohibition against discrimination on the grounds of physical handicap, including the right of a blind person to use a dog as a guide; the statute makes this a part of the definition. Consequently, a dog guide user has the legal right to be accompanied by a trained dog guide in all public accommodations and facilities. A dog guide user also has the right to equal housing accommodations and equal employment opportunities.

Specific reference is incorporated under the Public Health Act Regulations to substantiate the right of a blind person to be accompanied by a dog guide in any facility in which food is served.

Public accommodations and facilities include restaurants, hotels, stores, public conveyances, and other places to which the public customarily is invited. (Sect. (2)(1))

Housing accommodations include rental properties for residential or commercial use, which are available for rent or purchase. (Sect. (3)(1))

Employment includes all employment and membership in professional and employee organizations. (Sect. (6)(1))

Violation: Enforcement is centered in a special Human Rights Commission. (Sect. 18)

Quebec

Human Rights Act – 1978 – Bill 9 – amending Human Rights and Freedoms Charter

Human rights legislation includes sweeping prohibitions against discrimination on the grounds of physical disability. Physically handicapped persons are guaranteed the enjoyment of the same rights as all citizens. The definition of handicapped includes the unrestricted right of a physically handicapped person to use prosthetic aids. Under the Quebec Health Insurance Act, dog guides are included within the concept of prosthetic aid.

Consequently, dog guide users accompanied by their dog guides appear to have universal access to the social, economic and educational institutions available throughout the province.

Government officials with the authority to protect human rights are available to assist the physically handicapped in enforcing the right to non-discrimination. Substantial fines are part of the available enforcement procedures.

Penalties: Fines of not more than $1,000 or imprisonment of not more than six months, or a fine of not more than $5,000 in the case of a corporation.

Saskatchewan

Saskatchewan Human Rights Code, 1979 – Broad scope legislation centering on discrimination. Specific interpretation rests with the provincial Human Rights Commission.

Saskatchewan law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in public accommodations and facilities. The dog guide user cannot be required to muzzle the dog guide. No extra charge can be levied because of the dog’s presence. A dog guide user also has a legally protected right to equal housing accommodations. No special conditions or terms can be imposed because of the dog guide.

Public accommodations and facilities include restaurants, hotels, stores, and public conveyances, as well as other services and facilities to which the public generally is invited.

Housing accommodation is described by the statutes as a self-contained dwelling unit.

Violation: Any person who interferes with the rights enumerated above is guilty of an offense and upon conviction is subject to a fine not to exceed $500. The fine for a convicted corporation is not to exceed $1,000

Yukon

As of February 1999, Yukon did not appear to have any dog guide legislation, except that the Public Health Ordinance exempts dog guides from the prohibition that bans animals from an area where food is prepared.

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Guam

Guam Code Annotated, Title 19, Chapter 2, Sections 2115, 2116; Title 10, Chapter 34, Section 34104; Title 22, Chapter 5, Section 5202

Guam guarantees that every totally or partially blind person shall have the right to be accompanied by a specially trained guide dog in any public accommodation and on any public transportation without being required to pay an extra fee. The dog guide user however will be liable for any damage caused by the dog guide.

A totally or partially blind person has the right to equal access to accommodations, modes of transportation and housing accommodations, that do not include single rental or lease family residences of no more than one room. (Sect. 2115)

Seeing eye dogs are exempt from paying licensing fees. (Sect. 34104)

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Puerto Rico

Puerto Rico Statutes; Laws of Puerto Rico Annotated, Title B, Chapter 13, Sections 201 through 204, last amended in 1979

Puerto Rico guarantees a blind person the legal right to be accompanied by a specially trained dog guide in harness in all public accommodations and on all public transportation. No extra charge can be levied because of the dog guide’s presence. A dog guide user can be requested to present for inspection the identification card provided by a dog guide school, as well as a health certificate issued by a veterinarian within the past 12 months.

Public accommodations include hotels, inns, cafeterias, elevators, bathing resorts, places of amusement, and all other places and facilities to which the public is invited. (Sect. 201, Sect. 204)

Public transportation includes trains, buses, ferries, taxis, and all other modes of conveyance offered for public use. (Sect. 201, Sect. 204)

Violation: Any person who interferes with the above- enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $100, or 30 days in jail. If force or violence is used to deny a dog guide user the rights enumerated-above, the offending person will be guilty of aggravated assault and may be fined up to $500, and imprisoned up to six months, or both. (Sect. 203)

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US Virgin Islands

Civil Rights Law, Chapter 9, Sections 152, 153-158

Every blind person shall have the right to be accompanied by a dog guide in public places, accommodations, and conveyances without being required to pay an extra charge when said dog guide is equipped with a rigid U-shaped harness. (Sect. 153)

Blind persons have the same right as persons who are not blind to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, public beaches, and othe public places. (Sect. 152)

Blind persons are entitled to full and equal accommodations, advantages, facilities, and privileges, including but not limited to, all common carriers, airplanes, motor vehicles, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, stores, restaurants, grocery stores, elevators, courts, public educational facilities, including colleges and dormitories, places of public accommodation, amusement, or resort, and other place to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (Sect. 152)

Employment discrimination because of the use of a dog guide is prohibited. (Sect. 154)

A blind person who has a dog guide, or who obtains a dog guide, shall be entitled to full and equal access to all housing accommodations and shall not be required to pay extra compensation for such dog guide, but shall be liable for any damages done to the premises by such dog. Any provision in any lease or rental agreement prohibiting maintenace of a pet or pets on or in the premises shall not be applicable to a dog guide owned by a blind tenant. (Sect. 155)

Violation: Interference with the above-enumerated rights is a misdemeanor and shall be punishable by a fine of not less than $500 and not more than $1,000, or by imprisonment for not more than 60 days, or both. (Sect. 158)

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