Frequently asked questions
Dogs and other animals to palliate a disability
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When is reasonable accommodation required for a guide dog or other service dog?
People who use a guide dog or othe service dog to palliate a disability have the right to reasonable accommodation in all public services, public transportation and public places. This includes schools, buses, restaurants, hotels, cinemas, parks and more.
You have a duty to accommodate if:
- the person requesting the accommodation has proof that their dog was trained by a specialized organization, and
- accommodating the person will not cause you undue hardship
Remember:- Sometimes, hospitals can restrict access for reasons of hygiene. A service dog may be refused entry to areas like the operating room, where maximum sanitation is critical.
- You may have to find solutions for someone who is allergic to dogs, while still ensuring that a person with a disability can keep their service dog with them. In 2008, the Superior Court of Québec ruled that dog allergies are less harmful than food allergies and that dogs pose no serious threat to an allergic person’s health unless they have close contact.
If a person who uses an emotional support animal that has not received special training requests accommodation and access to a public place, their request should also be considered. The person’s request should include documentation attesting to:
- their need for the animal (disability, medical condition, mental health condition)
- the animal’s usefulness in meeting this need
Learn more about reasonable accommodation
Contact our advisory service
Using animals to palliate a disability -
Are emotional support animals (dogs, cats, etc.) recognized as a means of palliating a disability? Do people who have these animals with them have a right to reasonable accommodation and access to public places?
To date, formally-trained service dogs, including guide dogs, are the only animals that the Québec courts have recognized as a means of palliating a disability, but other animals could eventually be recognized as well.
If a person who uses an emotional support animal that has not received special training requests accommodation and access to a public place, their request should still be considered. The person’s request should include documentation attesting to:
- their need for the animal (disability, medical condition, mental health condition)
- the animal’s usefulness in meeting this need
Considering their request may require assessing the animal’s behaviour and any risks it may present by entering the establishment. Doing so can be more difficult if the animal has not received special training. An accommodation agreement for the specific animal and its behaviour can be negotiated. If this accommodation would create undue hardship (for example, if the animal is dangerous), then the establishment should collaborate with the person to find other ways of accommodating them.
Learn more about reasonable accommodation
Using animals to palliate a disability -
Are dogs that are training being trained to become service dogs allowed in public places?
Therapy dogs are not considered a means to palliate a disability under the Charter of Human Rights and Freedoms. The service providers, owners or administrators of a place can decide whether or not to accept therapy dogs.
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What disabilities allow someone to bring a service dog into my business?
There is no definitive, exhaustive list of disabilities that a service dog can help with. In general, disability must be interpreted broadly and liberally. It can be physical, psychological or cognitive. The list of disabilities with which a service dog can help changes as new cases are brought to court.
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Can I require someone to give me proof of their disability before I let them into my business?
No. You cannot require someone to prove that they have a disability before agreeing to let them enter a business, restaurant, or mode of transportation with their service dog. People do not have to provide a medical note or any other proof of their needs or of how their animal helps meet those needs.
However, to bring a service dog into areas that are open to the public:
- the dog must wear a visible marker showing the logo of the organization that trained it (e.g., a harness, bandana, vest, etc.)
- the person may also have to provide a document from the training organization stating that the dog has received specialized training.
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Are there any certified training organizations?
No. A number of specialized organizations (non-profits, private trainers, etc.) can train service dogs, but Québec does not have a registry of certified organizations.