Service Dogs Act

The Service Dogs Act is a law put into effect on January 1, 2009, in the province of Alberta, Canada. The new law is an extension of the Blind Person's Rights Act, which recognized and protected the rights of visually impaired people and their use of guide dogs. The Service Dogs Act grants people with disabilities other than visual impairment and their service dogs the same protections as those covered under the Blind Person's Rights Act.

  1. Definitions

    • The Service Dogs Act defines a disabled person, for the purpose of this law, as "an individual who has any degree of physical disability except blindness or visual impairment and is dependent upon a service dog." The law also states that, for the purpose of this act, a service dog is defined as "a dog trained as a guide for a disabled person and having the qualifications prescribed by the regulations or for which an identification card or other certificate has been issued under section 4."

    Identification

    • In Alberta, people with disabilities who require service dogs may apply for an identification card under the Service Dogs Act. Identification cardholders then have written proof that they qualify for the rights afforded by this law. However, the cardholder must surrender his identification card "for amendment or cancellation" at the request of the Minister responsible for the law or another authorized government agent. Failure to surrender the card upon such a request could result in fines and penalties.

    Services and Housing

    • The Service Dogs Act prohibits discrimination against a disabled person or his service dog in a variety of situations. It forbids barring the disabled individual and his service dog from public places and guarantees them equal rights to any services or facilities available within those public areas. In addition, the act prohibits landlords from denying the disabled person access to housing simply because of his disability or the presence of his service dog. However, it does not guarantee the disabled person any additional rights beyond the accommodation of himself and his service dog. A landlord may overlook this portion of the act if the dog is not well-behaved.

    Penalties

    • Violation of the Service Dogs Act carries with it penalties and fines under Section 6 of the law. In the first part of Section 6, the law states that any person who violates the portion of the act regarding housing is subject to a maximum fine of $3,000. A landlord who refuses to allow a disabled person and his service dog to rent a dwelling based on the person's disability or need for the dog would be subject to this fine but so might a disabled person who attempts to force a landlord to provide special considerations beyond the right to rent a dwelling.

      Additionally, a maximum fine of $300 can be levied on a disabled person who refuses to surrender his identification card or a person who is not disabled but claims to be so in order to take advantage of the rights afforded under the Service Dogs Act.

    Testing

    • Assistance Dogs International, Inc. is a nonprofit coalition that trains many service dogs. However, shortly after the Service Dogs Act was put into effect, the Province of Alberta opted to see if dogs trained by other programs or by their owners could meet the requirements for certification under the new act. The Service Dog Testing Pilot developed a standardized system for testing these dogs. The pilot program ran from March to December 2009 and used a series of challenge tests to evaluate the dogs for public safety and qualification as service dogs. The program dictated that both the dogs and their owners must pass the tests.