[Flagdu] Canadian LawsFw: BC Laws
Marion Gwizdala
blind411 at verizon.net
Wed Nov 9 18:42:24 UTC 2011
Dear All,
After Kathy Davis asked the question about the laws of British Columbia
in preparation for her trip, I wrote to Paul & Mary Ellen Gabias who live in
British Columbia. (Paul is the former president of the National Association
of Guide dog Users.) Mary Ellen forwarded my message on to one of her
colleagues. Below is his response. HTH!
fraternally yours,
Marion Gwizdala
> Hi Mary Ellen and Marion,
>
> I put together tons of stuff in a couple of files some years back. I
> haven't looked at it for some time and I can hardly imagine how to begin
> to go through it all now.
>
> I have quickly searched it by keyword and pulled out a few things which I
> hope will more or less answer your request. I've pasted them below.
>
> I have separated each thing with three asterisks, thus
>
> ***
>
> It's from some time ago, so I don't know if the links are still working.
> But I imagine the jist of it would still be valid.
>
> Toward the end of it all, second to last thing, is what seems to be a good
> brief summary by province, that was on the website of the Vancouver Island
> Dog Guide Society. Probably out of date by now, but again, probably still
> applicable for the most part.
>
> Hope this helps,
>
> All the best,
>
> Rick
>
>
> [excerpts]
>
>
> text of the Guide Animal Act. British Columbia:
>
>
> Copyright 2004: Queen's Printer,
> Victoria, British Columbia, Canada [1] IMPORTANT INFORMATION
> _________________________________________________________________
>
> GUIDE ANIMAL ACT
>
> [RSBC 1996] CHAPTER 177
>
> Contents
>
> Section
> [2] 1
>
> [3] Definitions
>
> [4] 2
>
> [5] Rights with a guide animal
>
> [6] 3
>
> [7] Rights under section 2 not to be interfered with
>
> [8] 4
>
> [9] Tenancy rights
>
> [10] 5
>
> [11] White cane
>
> [12] 6
>
> [13] Onus on defendant
>
> [14] 7
>
> [15] Certificate
>
> [16] 8
>
> [17] Power to make regulations
>
> [18] 9
> [19] Offence and penalty
>
> Definitions
>
> 1 In this Act:
>
> "guide animal" means a guide animal
>
> (a) prescribed under section 8, or
>
> (b) for which a certificate has been issued under section 7
>
> if that animal is used by a person with a disability to avoid hazards
> or to otherwise compensate for a disability;
>
> "minister" includes a person designated by the minister for the
> purposes of this Act;
>
> "person with a disability" means a person who is apparently blind or
> otherwise disabled and is dependent on a guide animal or white cane;
>
> "white cane" means a cane or walking stick at least the upper 2/3 of
> which is white.
>
> Rights with a guide animal
>
> 2 (1) A person with a disability accompanied by a guide animal has the
> same rights, privileges and obligations as a person not accompanied by
> an animal.
>
> (2) In particular, a person with a disability accompanied by a guide
> animal may, in the same manner as would a person not accompanied by an
> animal, enter and use an accommodation, conveyance, eating place,
> lodging place or any other place to which the public is invited or has
> access so long as the guide animal is
>
> (a) prevented from occupying a seat in a public conveyance or eating
> place, and
>
> (b) held by a leash or harness.
>
> (3) This section applies despite any enactment enacted before or after
> the enactment of this Act.
>
> Rights under section 2 not to be interfered with
>
> 3 A person must not interfere with the exercise of a right or
> privilege under section 2 or charge a fee for a guide animal
> accompanying a person with a disability.
> Tenancy rights
> 4 (1) In this section, "residential premises" means residential
> premises as defined in section 1 of the Residential Tenancy Act.
>
> (2) A person must not
>
> (a) deny to a person with a disability a residential premises
> advertised or otherwise represented as available for occupancy by a
> tenant, or
>
> (b) impose a term or condition on a person with a disability for the
> tenancy of a residential premises if that term or condition
> discriminates
>
> because of the disability or because the person with the disability
> intends to keep a guide animal in the residential premises.
>
> (3) Subsection (2) does not apply if the advertisement or
> representation specifies occupancy of the residential premises may
> entail sharing sleeping, bathroom or cooking facilities in the space
> with a person from another family.
>
> White cane
>
> 5 A person who is not a blind person according to accepted medical
> standards must not carry or use a white cane.
>
> Onus on defendant
>
> 6 In a prosecution for contravention of section 5, the onus is on the
> defendant to prove that he or she is blind according to accepted
> medical standards.
>
> Certificate
> 7 (1) A person with a disability may apply to the minister for a
> certificate to use as evidence that section 2 applies.
>
> (2) The minister must issue a certificate under subsection (1) if the
> minister is satisfied that the animal to be used is a guide animal.
> (3) A person to whom a certificate under this section is issued must
> surrender the certificate to the minister and the certificate is void
> if the minister is satisfied that the guide animal for which the
> certificate was issued has died, become permanently disabled, ceased
> to render the services to which the certificate relates or is not
> qualified as a guide animal.
>
> Power to make regulations
>
> 8 (1) The Lieutenant Governor in Council may make regulations referred
> to in section 41 of the Interpretation Act.
>
> (2) Without limiting subsection (1), the Lieutenant Governor in
> Council may make regulations as follows:
>
> (a) specifying those animals or classes of animal that are guide
> animals;
>
> (b) specifying the conditions that must be met for an animal to become
> or to continue to be a guide animal.
>
> Offence and penalty
>
> 9 (1) A person who contravenes this Act commits an offence.
>
> (2) A person who commits an offence under subsection (1) is liable on
> conviction to a fine of not more than $200.
> Copyright 2004: Queens Printer, Victoria,y British Columbia, Canada
>
>
> SOURCE:
> http://www.qp.gov.bc.ca/statreg/stat/G/96177_01.htm
>
> ***
>
> Ontario:
>
> Citation: Blind Persons' Rights Act, R.S.O. 1990, c. B.7
>
> Version available as of 2004-03-04 (Last update on CanLII: 2003-02-05)
>
> URL: http://www.canlii.org/on/laws/sta/b-7/20040304/whole.html
>
> Enabled Regulation:
> GUIDE DOGS, R.R.O. 1990, Reg. 58
>
> Information about this text
>
> Consolidation: No Amendments.
>
> Blind Persons' Rights Act
> R.S.O. 1990, CHAPTER B.7
>
>
>
> No Amendments.
>
> Definitions
>
> 1. (1) In this Act,
>
> "blind person" means a person who because of blindness is dependent on a
> guide
> dog or white cane; ("aveugle")
>
> "guide dog" means a dog trained as a guide for a blind person and having
> the
> qualifications prescribed by the regulations. ("chien d'aveugle") R.S.O.
> 1990,
> c. B.7, s. 1 (1).
> Application
>
> (2) This Act applies despite any other Act or any regulation, by-law or
> rule
> made thereunder. R.S.O. 1990, c. B.7, s. 1 (2).
>
> Act binds Crown
>
> (3) This Act binds the Crown. R.S.O. 1990, c. B.7, s. 1 (3).
>
> Guide dogs permitted in places to which public admitted
>
> 2. (1) No person, directly or indirectly, alone or with another, by
> himself,
> herself or itself or by the interposition of another, shall,
>
> (a) deny to any person the accommodation, services or facilities available
> in
> any place to which the public is customarily admitted; or
> (b) discriminate against any person with respect to the accommodation,
> services or facilities available in any place to which the public is
> customarily admitted, or the charges for the use thereof,
>
> for the reason that he or she is a blind person accompanied by a guide
> dog.
> R.S.O. 1990, c. B.7, s. 2 (1).
>
> Guide dogs permitted in self-contained dwelling unit
>
> (2) No person, directly or indirectly, alone or with another, by himself,
> herself or itself or by the interposition of another, shall,
>
> (a) deny to any person occupancy of any self-contained dwelling unit; or
>
> (b) discriminate against any person with respect to any term or condition
> of
> occupancy of any self-contained dwelling unit,
> for the reason that he or she is a blind person keeping or customarily
> accompanied by a guide dog. R.S.O. 1990, c. B.7, s. 2 (2).
>
> Other facilities
>
> (3) Nothing in this section shall be construed to entitle a blind person
> to
> require any service, facility or accommodation in respect of a guide dog
> other
> than the right to be accompanied by the guide dog. R.S.O. 1990, c. B.7, s.
> 2
> (3).
>
> Restriction on use of white cane
>
> 3. No person, other than a blind person, shall carry or use a cane or
> walking
> stick, the major part of which is white, in any public place, public
> thoroughfare or public conveyance. R.S.O. 1990, c. B.7, s. 3.
> Identification cards
>
> 4. (1) The Attorney General or an officer of his or her Ministry
> designated
> by the Attorney General in writing may, upon application therefor, issue
> to a
> blind person an identification card identifying the blind person and his
> or
> her guide dog. R.S.O. 1990, c. B.7, s. 4 (1).
>
> Cards as proof of qualification
>
> (2) An identification card issued under subsection (1) is proof, in the
> absence of evidence to the contrary, that the blind person and the guide
> dog
> identified therein are qualified for the purposes of this Act. R.S.O.
> 1990, c.
> B.7, s. 4 (2).
>
> Surrender of cards
>
> (3) Any person to whom an identification card is issued under subsection
> (1)
> shall, upon the request of the Attorney General or an officer designated
> under
> subsection (1), surrender the identification card for amendment or
> cancellation. R.S.O. 1990, c. B.7, s. 4 (3).
>
> Regulations
>
> 5. The Lieutenant Governor in Council may make regulations prescribing
> qualifications for guide dogs. R.S.O. 1990, c. B.7, s. 5.
>
> Penalty
>
> 6. (1) Every person who is in contravention of section 2 is guilty of an
> offence and on conviction is liable to a fine not exceeding $5,000. R.S.O.
> 1990, c. B.7, s. 6 (1).
>
> Idem
> (2) Every person who is in contravention of section 3 or of subsection 4
> (3)
> or who, not being a blind person, purports to be a blind person for the
> purpose of claiming the benefit of this Act is guilty of an offence and on
> conviction is liable to a fine not exceeding $500. R.S.O. 1990, c. B.7, s.
> 6
> (2).
>
> ______________
>
>
> Queen's Printer for Ontario, 2004.
> This is an unofficial version of Government of Ontario legal materials.
>
> ***
>
> Alberta
>
> Citation: Blind Persons' Rights Act, R.S.A. 2000, c. B-3
>
> Version available as of 2004-02-23 (Last update on CanLII: 2003-02-17)
>
> URL: http://www.canlii.org/ab/laws/sta/b-3/20040223/whole.html
>
> Enabled Regulation:
> Guide Dogs Qualification Regulation, Alta. Reg. 108/1979
>
> Information about this text
>
>
> Copyright of the Alberta Statutes and Regulations, whether in print or
> electronic form isheld by the Province of Alberta. No person may download
> or
> reproduce copies of thelegislation for any purpose other than personal use
> without the consent of the AlbertaQueen's Printer.This consolidation has
> no
> legislative sanction and has been produced solely for theconvenience of
> research. The official bound Statutes and Regulations must be
> consultedfor
> all purposes of interpreting and applying the law.This consolidation may
> not
> contain maps, charts and graphs contained in the printed version.
>
>
>
>
>
>
>
>
> BLIND PERSONS' RIGHTS ACT
> Chapter B-3
> Table of Contents
> 1 Definitions
> 2 Application of Act
> White Canes
> 3 Use of canes
> 4 Offence and fine
> Guide Dogs
> 5 Discriminatory practices prohibited
> 6 Identification of guide dogs
> 7 Regulations
> 8 Offences and fines
>
>
> HER MAJESTY, by and with the advice and consent of the
> Legislative Assembly of Alberta, enacts as follows:
> Definitions
> 1 In this Act,
> (a) "blind person" means a person who is registered as blind
> with the Canadian National Institute for the Blind, or who,
> on account of blindness, receives a pension from the
> Government of Alberta, or who is certified by a qualified
> eye specialist as having not more than 6/60 vision
> according to Snellen's Chart in the better eye after
> correction with glasses;
> (b) "guide dog" means a dog trained as a guide for a blind
> person and having the qualifications prescribed by the
> regulations;
> (c) "white cane" means a cane or walking stick, the whole or
> the upper 2/3 of which is painted white.
> RSA 1980 cB-6 s1
> Application of Act
> 2(1) This Act applies notwithstanding any other Act or any
> regulation, bylaw or rule made under that Act.
> (2) This Act binds the Crown.
> RSA 1980 cB-6 s2
> White Canes
> Use of canes
> 3 No person other than a blind person shall carry or use a white
> cane in a public place or public conveyance or other place to which
> the public is permitted to have access.
> RSA 1980 cB-6 s3
> Offence and fine
> 4 A person who contravenes section 3 is guilty of an offence and
> liable to a fine not exceeding $25.
> RSA 1980 cB-6 s4
> Guide Dogs
> Discriminatory practices prohibited
> 5(1) No person, directly or indirectly, alone or with another, by
> himself or herself or by the interposition of another, shall
> (a) deny to any person the accommodation, services or
> facilities available in any place to which the public is
> customarily admitted, or
> (b) discriminate against any person with respect to the
> accommodation, services or facilities available in any
> place to which the public is customarily admitted, or the
> charges for the use of them,
> for the reason that the person is a blind person accompanied by a
> guide dog.
> (2) No person, directly or indirectly, alone or with another, by
> himself or herself or by the interposition of another, shall
> (a) deny to any person occupancy of any self-contained
> dwelling unit, or
> (b) discriminate against any person with respect to any term
> or condition of occupancy of any self-contained dwelling
> unit,
> for the reason that the person is a blind person keeping or
> customarily accompanied by a guide dog.
> (3) Nothing in this section shall be construed to entitle a blind
> person to require any accommodation, service or facility in respect
> of a guide dog other than the right to be accompanied by the guide
> dog.
> (4) This section does not apply if the blind person does not control
> the behaviour of the guide dog.
> RSA 1980 cB-6 s5
> Identification of guide dogs
> 6(1) The Canadian National Institute for the Blind may, on
> application, issue to a blind person an identification card
> identifying the blind person and that person's guide dog.
> (2) An identification card issued under subsection (1) is proof, in
> the absence of evidence to the contrary, that the blind person and
> that person's guide dog identified in it are qualified for the
> purposes of this Act.
> (3) Any person to whom an identification card is issued under
> subsection (1) shall, on the request of the Canadian National
> Institute for the Blind, surrender the person's identification card for
> amendment or cancellation.
> RSA 1980 cB-6 s6
> Regulations
> 7 The Lieutenant Governor in Council may make regulations
> prescribing qualifications for guide dogs.
> RSA 1980 cB-6 s7
> Offences and fines
> 8(1) A person who contravenes section 5 is guilty of an offence
> and liable to a fine not exceeding $1000.
> (2) A person who contravenes section 6(3) or who, not being a
> blind person, purports to be a blind person for the purpose of
> claiming the benefit of this Act is guilty of an offence and liable to
> a fine not exceeding $100.
> RSA 1980 cB-6 s8
> BLIND PERSONS' RIGHTS ACT
>
> RSA 2000
> Chapter B-3
> 2
>
> 3
>
> BLIND PERSONS' RIGHTS ACT
>
> RSA 2000
> Section 2 Chapter B-3
> BLIND PERSONS' RIGHTS ACT
>
> RSA 2000
> Section 1 Chapter B-3
>
> Copyright of the Statutes and Regulations belongs to the Province of
> Alberta.
> official copies of Alberta legislation are available from the Alberta
> Queen's
> printer. The Alberta Statutes and Regulations collections are subject to
> the
> disclaimers available on this page.
>
> ***
>
> white cane law, Saskatchewan
>
> Citation: White Cane Act, R.S.S. 1978, c. W-13
>
> Version available as of 2004-02-12 (Last update on CanLII: 2003-07-31)
>
> URL: http://www.canlii.org/sk/laws/sta/w-13/20040212/whole.html
>
> Information about this text
>
> An Act to restrict the Use of White Canes to Blind Persons
> Chapter W-13 of the
> Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979).
>
> The White Cane Act
> being
>
> Chapter W-13 of the Revised Statutes of Saskatchewan, 1978
> (effective February 26, 1979).
> ..
>
> An Act to restrict the Use of White Canes to Blind Persons
>
> Short title
> 1 This Act may be cited as The White Cane Act.
> Interpretation
> 2 In this Act:
> (a) blind person means a person who:
> (i) is registered as blind with The Canadian National
> Institute for the
> Blind; or
> (ii) is in receipt of an allowance on account of
> blindness
> under The
> Blind Persons Allowances Act and the Blind Persons Act
> (Canada); or
> (iii) having been in receipt of an allowance on account
> of
> blindness
> under The Old Age and Blind Persons Pensions Act, 1948,
> and
> the Old
> Age Pensions Act (Canada) or The Blind Persons
> Allowances
> Act and the
> Blind Persons Act (Canada), is in receipt of assistance
> under The Old Age
> Assistance Act and the Old Age Assistance Act (Canada)
> or a
> pension
> under the Old Age Security Act (Canada) and is still
> blind
> within the
> meaning of The Blind Persons Allowances Act and the
> Blind
> Persons Act
> (Canada) and the regulations thereunder; or
> (iv) is certified by a duly qualified medical
> practitioner
> or by an
> optometrist or optician who is the holder of a valid and
> subsisting licence
> issued under The Optometry Act as having visual acuity
> after
> correction
> through the use of proper refractive lens of not more
> than
> 6/60 Snellen or
> a field of vision in each eye of less than ten degrees;
> (b) white cane means a cane or walking stick the major portion
> of
> which
> is white.
> R.S.S. 1978,
> c.W-13,
> s.2.
> Restriction on use of white cane
> 3 No person other than a blind person shall carry or use a white cane
> in
> any
> public thoroughfare, public conveyance or public place.
> R.S.S. 1978,
> c.W-13,
> s.3.
>
>
> Application of Act
> 4(1) This Act does not apply to a person who is not a resident of
> Saskatchewan.
> (2) Where in a prosecution the person charged with a violation of
> section
> 3 alleges
> that he is not a resident of Saskatchewan, the burden of proving the
> allegation
> shall be upon him.
> R.S.S. 1978,
> c.W-13,
> s.4.
>
>
> Penalty
> 5 A person who violates section 3 is guilty of an offence and liable
> on
> summary
> conviction to a fine not exceeding $25.
> R.S.S. 1978,
> c.W-13,
> s.5.
>
> ***
>
> "Public review results in amendments to Blind Persons' Rights Act"
>
> FROM:
> www2.gov.ab.ca/home/index.cfm?Page=736
> via
> http://www.google.ca/search?q=cache:S-tIzwLxcbIJ:www2.gov.ab.ca/home/index
> .cfm%3FPage%3D736+%22discrimination+against+a+blind%22&hl=en&ie=UTF-8
>
>
> Government of Alberta
>
> Public review results in amendments to Blind Persons' Rights Act
>
> February 19, 2004
>
> A public review that included research within the province,
> comparisons with other jurisdictions and public consultation has led
> to legislation that will clarify and strengthen the rights of blind
> persons.
>
> Bill 4, the Blind Persons' Rights Amendment Act, addresses key areas
> raised through the public review, and includes higher maximum fines
> for offences such as discrimination against a blind person accompanied
> by a guide dog, or purporting to be blind to gain the benefits of the
> act.
>
> Key amendments include:
> * a more acceptable definition of blindness, as determined by the
> medical profession;
> * a more acceptable definition of blindness, as determined by the
> medical profession;
> * higher maximum fines for violations of the Blind Persons' Rights
> Act;
> * protection against discrimination for certified dog trainers and
> dogs-in-training; and
> * an identification card for the blind person/guide-dog team.
>
> A public review of the Blind Persons' Rights Act began in October
> 2001. It was intended to address not only guide dogs, but also
> assistive dogs used by other disability groups.
> * Related story: [44] Public consultation to review Blind Persons'
> Rights Act (October 29, 2001)
>
> The final report was submitted on December 31, 2001, and a
> questionnaire to obtain feedback on the report and its recommendations
> was released in June 2002.
>
> More information
> * [45] Blind Persons' Rights Amendment Act (Bill 4)
> * [46] Blind Persons' Rights Act legislative review
> * [47] News release
>
>
>
> SOURCE:
> www2.gov.ab.ca/home/index.cfm?Page=736
>
> via
>
> http://www.google.ca/search?q=cache:S-tIzwLxcbIJ:www2.gov.ab.ca/home/index
> .cfm%3FPage%3D736+%22discrimination+against+a+blind%22&hl=en&ie=UTF-8
>
> ***
>
> Bill 4 text.
> The contents of link to it referred to in the previous message.
> http://www.assembly.ab.ca/pro/bills/ba-bill.asp?SelectBill=004
>
>
> Legislative Assembly of Alberta
>
> The Mace
>
> [1] HOME > [2] BILLS AND AMENDMENTS
>
> Bill 4: Blind Persons Rights Amendment Act, 2004 (Zwozdesky)
>
> The Bills are included on this website as a public service only; the
> printed copies of these documents remain the official versions.
>
> Please note: The text that appears on this web page is the Bill as
> introduced in the First Reading. When applicable, amendments to the
> Bill made in subsequent readings can be accessed through the links
> provided below. Also, the explanatory notes in the online version are
> provided in a section at the end of each Bill. The files are provided
> for download in MS Word format. Opening these files in other word
> processors or converting these files to other formats may result in
> changes in document layout. Questions about the status of the Bill can
> be directed to the Bills and Journals Clerk: [3]
> judy.bressmer at assembly.ab.ca Questions about the content of the Bill
> should be directed to the sponsor of the Bill (sponsor's name is in
> brackets following the Bill title).
> [4] View Current status of Bill 4
> [5] Download Bill (MS Word) - 28K
> Bill 4
>
> BILL 4
>
> 2004
>
> BLIND PERSONS' RIGHTS
> AMENDMENT ACT, 2004
>
> (Assented to , 2004)
>
> HER MAJESTY, by and with the advice and consent of the Legislative
> Assembly of Alberta, enacts as follows:
> Amends RSA 2000 cB-3
> 1 The Blind Persons' Rights Act is amended by this Act.
> 2 Section 1 is amended
>
> (a) by repealing clause (a) and substituting the following:
> (a) "blind person" means a person who is blind according to
> accepted medical standards and dependent on a guide dog or a white
> cane;
> (b) by adding the following after clause (b):
> (b.1) "Minister" means the Minister determined under section 16 of
> the Government Organization Act as the Minister responsible for
> this Act;
>
> 3 Section 4 is amended by striking out "$25" and substituting
> "$250".
>
> 4 Section 5 is amended
>
> (a) in subsection (1) by adding "or a certified dog-trainer
> accompanied by a dog in training" after "dog";
> (b) by repealing subsection (3) and substituting the following:
>
> (3) Nothing in this section shall be construed to entitle
> (a) a blind person to require any accommodation, service or facility
> in respect of a guide dog other than the right to be accompanied
> by the guide dog, or
> (b) a certified dog-trainer to require any accommodation, service
> or facility in respect of a dog in training other than the right
> to be accompanied by the dog in training.
> (c) in subsection (4) by adding "or the certified dog-trainer does
> not control the behaviour of the dog in training" after "dog".
>
> 5 Section 6 is amended
>
> (a) in subsection (1) by striking out "Canadian National Institute for
> the Blind" and substituting "Minister, or a person designated by
> the Minister in writing,";
> (b) in subsection (3) by striking out "Canadian National Institute
> for the Blind" and substituting "Minister or the person designated
> by the Minister".
>
> 6 Section 7 is repealed and the following is substituted:
>
> Regulations
> 7 The Minister may make regulations respecting qualifications for
> guide dogs.
>
> 7 Section 8 is amended
>
> (a) in subsection (1) by striking out "$1000" and substituting
> "$3000";
> (b) in subsection (2) by striking out "$100" and substituting
> "$300".
>
> Explanatory Notes
>
> 1 Amends chapter B-3 of the Revised Statutes of Alberta 2000.
>
> 2 Section 1(a) presently reads:
> 1 In this Act,
>
> (a) "blind person" means a person who is registered as blind with the
> Canadian National Institute for the Blind, or who, on account of
> blindness, receives a pension from the Government of Alberta, or
> who is certified by a qualified eye specialist as having not more
> than 6/60 vision according to Snellen's Chart in the better eye
> after correction with glasses;
>
> 3 Section 4 presently reads:
> 4 A person who contravenes section 3 is guilty of an offence and
> liable to a fine not exceeding $25.
>
> 4 Section 5 presently reads in part:
> 5(1) No person, directly or indirectly, alone or with another, by
> himself or herself or by the interposition of another, shall
>
> (a) deny to any person the accommodation, services or facilities
> available in any place to which the public is customarily
> admitted, or
> (b) discriminate against any person with respect to the
> accommodation, services or facilities available in any place to
> which the public is customarily admitted, or the charges for the
> use of them,
>
> for the reason that the person is a blind person accompanied by a
> guide dog.
>
> (3) Nothing in this section shall be construed to entitle a blind
> person to require any accommodation, service or facility in respect of
> a guide dog other than the right to be accompanied by the guide dog.
>
> (4) This section does not apply if the blind person does not control
> the behaviour of the guide dog.
>
> 5 Section 6(1) and (3) presently read:
> 6(1) The Canadian National Institute for the Blind may, on
> application, issue to a blind person an identification card
> identifying the blind person and that person's guide dog.
> (3) Any person to whom an identification card is issued under
> subsection (1) shall, on the request of the Canadian National
> Institute for the Blind, surrender the person's identification
> card for amendment or cancellation.
>
> 6 Section 7 presently reads:
> 7 The Lieutenant Governor in Council may make regulations
> prescribing qualifications for guide dogs.
>
> 7 Section 8 presently reads:
> 8(1) A person who contravenes section 5 is guilty of an offence and
> liable to a fine not exceeding $1000.
> (2) A person who contravenes section 6(3) or who, not being a
> blind person, purports to be a blind person for the purpose of
> claiming the benefit of this Act is guilty of an offence and
> liable to a fine not exceeding $100.
>
> [6] TOP OF PAGE
>
> Legislative Assembly of Alberta
>
>
> SOURCE:
> http://www.assembly.ab.ca/pro/bills/ba-bill.asp?SelectBill=004
>
> ***
>
> Blind Persons' Rights Act Legislative Review Discussion Paper.
>
> Excerpt:
> British Columbia introduced the Guide Animal Act in 1996 for a person
> with a disability defined as a person who is apparently blind or
> otherwise disabled and is dependent on a guide animal or white cane.
> Again in this province, the person with a disability may apply for a
> certificate to use as evidence of his or her need of a guide animal.
> The Lieutenant Governor in Council may make regulations under the Act
> specifying which animals or classes of animals are guide animals and
> the conditions that must be met for an animal to become or continue to
> be a guide animal.
>
>
> SOURCES:
> http://www.cd.gov.ab.ca/all_about_us/legislation/bpra/BPRA_Discussion_Paper_Text
> .html
>
> ***
>
> Summary of Legislation By Province
>
> ALBERTA
>
> The Blind Person's Rights 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 a 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
> accommodations. A landlord may not insist on any terms 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 a similar
> nature.
> Housing accommodation is defined as a self-contained dwelling unit.
>
> 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.
>
>
> BRITISH COLUMBIA
>
> Guide Animal Act, 1990, Bill 47
>
> 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 Services is empowered to issue a special
> identification card to dog guide users. However, the cards issued by
> dog guide schools to their graduates also are 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
> general public.
>
> 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.
>
> 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.
>
>
> MANITOBA
>
> Manitoba Human Rights Code
>
> Manitoba has broad scope legislation centering on discrimination.
> Specific interpretation rests with the provincial Human Rights
> Commission.
>
> 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.
>
> ONTARIO
>
> The Blind Person's Rights Act (Revised Statutes of Ontario, 1980) -
> Chapter 44; Regulation 83 (Revised Regulations of Ontario, 1980)
>
> 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 guide's presence. A dog guide user also is 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.
>
> Housing accommodations cover any self-contained dwelling unit.
>
> Violation:
> Anyone who interferes with the above rights is guilty of an offense
> and, upon conviction, is subject to a fine not to exceed $1,000.
>
> 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 a 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.
>
> 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 prohibitions
> 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 or trade organizations.
>
> Housing accommodations include the rental of residential and
> commercial properties, as well as the purchase of real estate.
>
> Public accommodations and facilities include stores, restaurants,
> hotels, public conveyances, and other places to which the public
> customarily is admitted.
>
> Violation:
> Enforcement is centered in the Human Rights Commission.
>
> NEWFOUNDLAND
>
> The Blind Persons' 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 accommodations, 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.
>
> Housing accommodations include any commercial unit or self-contained
> dwelling unit.
>
> 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.
>
> NOVA SCOTIA
>
> Blind Persons' Rights Act - enacted 5/77, Chapter 4, 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.
> Housing accommodations include the rental of any self-contained
> dwelling unit.
>
> Violation:
> Anyone who interferes with the rights enumerated above is guilty of an
> offense and punishable under Nova Scotia law.
>
> PRINCE EDWARD ISLAND
>
> /a
>
> Human Rights Act of 1974, as amended in 1985; 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.
>
> Housing accommodations include rental properties for residential or
> commercial use which are available for rent or purchase.
>
> Employment includes all employment and membership in professional and
> employee organizations.
>
> Violation:
> Enforcement is centered in a special Human Rights Commission.
>
> NORTHWEST TERRITORIES
>
> No legislation.
>
> YUKON
>
> As of August 14, 1987, Yukon did not 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.
>
>
> SOURCE:
> http://www.victoria.tc.ca/Community/Vidgs/legislat.htm
>
> ***
>
> record from Hansard of the British Columbia legislature that
> says the Guide Animal Act was to replace the Blind Persons' Rights Act:
>
>
> 1990 Legislative Session: 4th Session, 34th Parliament
> HANSARD
> MONDAY, JUNE 25, 1990
> Afternoon Sitting
>
> Introduction of Bills
>
> GUIDE ANIMAL ACT
> Hon. Mr. Jacobsen presented a message from His Honour the
> Lieutenant-Governor: a bill intituled Guide Animal Act.
>
> HON. MR. JACOBSEN: Bill 47 replaces the Blind Persons Rights Act. The
> bill extends the legislative protection now enjoyed by people with
> visual impairment who use seeing-eye dogs to others who use guide
> animals for assistance. This will include people with hearing
> impairment who use hearing-ear dogs, people with wheelchairs who use
> dog assistants and
> other people with disabilities who may use other animals for
> assistance.
>
> Bill 47 introduced, read a first time and ordered to be placed on
> orders of the day for second reading at the next sitting of the House
> after today.
>
>
> SOURCE:
> http://www.legis.gov.bc.ca/hansard/34th4th/34p_04s_900625p.htm
>
> ***
>
>
> On Tue, 8 Nov 2011, Mary Ellen wrote:
>
>> Hi Marion,
>>
>> I'll see what I can do to get the research done you require. One of our
>> members found the applicable laws a few years ago; I'll see if he has
>> them
>> filed on his computer. If not, I'll have to do some digging.
>>
>> As for your member visiting Vancouver, the laws are fairly similar to
>> those
>> in the U.S. One small caveat. Vancouver is a very multi cultural city,
>> including a large number of ethnic Chinese people. Several years ago,
>> The
>> NFB of Maryland had a small card printed that stated the rights of blind
>> guide dog users in English and Chinese. (I don't know whether it was
>> Mandarin or Cantonese.) If you can get one of those cards for your
>> member,
>> it might be quite useful, particularly in restaurants.
>> I'll send the applicable laws to you as quickly as I can, but it may take
>> a
>> little while.
>>
>> Mary Ellen
>>
>> _____
>>
>> From: Marion Gwizdala [mailto:blind411 at verizon.net]
>> Sent: November 5, 2011 2:09 AM
>> To: pgabias at gabiaswellness.com; Gabias, Paul; Mary Ellen
>> Subject: BC Laws
>>
>>
>> Paul & Mary Ellen,
>> I hope this message finds you well and warm! A NAGDU member from
>> Florida
>> will be visiting Vancouver and wants to know the laws protecting guide
>> dog
>> users in your pprovince. Furthermore, we are striving to have the actual
>> texts of the various laws available for download on our website. Do you
>> have
>> the text of the laws of BC and the other Canadian provinces that you
>> could
>> send to me for this purpose? Your assistance is greatly appreciated.
>>
>> Fraternally yours,
>> Marion Gwizdala
>>
>>
>>
>>
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