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Public Access In Ontario - Public Place and Schools

Several pieces of legislation in Ontario specifically address rights and restrictions for persons who use service animals. These include Ontario’s Human Rights Code(the “Code”), the Accessibility Standards for Customer Service Regulations under the Accessibility for Ontarians with Disabilities Act (the “AODA”), the Blind Persons’ Rights Act (the “BPRA”), and the Health Promotion and Protection Act (“HPPA”)

Purpose of a Public Access Test


The PAT test is not meant to test a dog’s obedience. It is designed to test the dog’s ability to handle the stress and uncertainty of the things it will encounter in public without showing any stress or reaction. That said, the PAT test is not required by law, but may be a good tool if you ever end up in court. 

 

Many people download a public access test from online and then run through the test, using treats and constant ‘micromanaging’. Most of the videos I see have a dog in a vacant store isle without any distractions. This is not proof of a dog who can handle stress.

 

Downloading a test and giving it to your dog, or a client’s dog, is not a clear representation of the test unless you have taken the course designed to teach you how to use the test.  Almost any dog can sit in a quiet (sterile) environment for 1 – 2 minutes. This is no indicator that the dog is able to handle being in a public school or a festival or a farmers market for 1 – 2 hours. 

Laws in Ontario


Service Dog handlers often misunderstand the purpose of a PAT test. It is not to test whether your dog can perform a few tricks and tasks. It is to test whether your dog can remain calm and relaxed in a chaotic situation.

Laws from the USA do not apply in Ontario. It is not against the law to refuse entrance to a public event. The law does say that the disability must be mitigated.


If the public place has a way to mitigate the disability then they can refuse your dog.

In Ontario it is also common to see a set of rules and guidelines when allowing a dog. Our dogs have been accepted in schools and colleges, and refused from other schools and colleges.

The Law and Liability

Who is responsible if a service dog causes damage or harm? Under the law, the dog owner is. That doesn’t stop a person from suing a school, place of business, or public place as well as the SD, especially if they have not proven ‘due diligence’ to protect everyone in the environment. 

RSO 1990, c D.16 | Dog Owners’ Liability Act | CanLII

There are limits, and a school or place of business can put limits on access provided to an individual law based on the behavior of the dog, as listed below. Instead of waiting until an incident occurs, it is possible to create a policy that applies to all SD who may pose a threat. 

 

bill—text-41-2-en-b080.pdf (ola.org)

The word which many people skip over in the bill is that the dog must be trained by a professional service dog trainer. Not the local trainer. To qualify as a SD under the bill.

 

 

SO 2005, c 11 | Accessibility for Ontarians With Disabilities Act, 2005 | CanLII

People with Disabilities have rights. However, only a Guide Dog is Listed in this Law.

https://docs.ontario.ca/documents/4602/accessibility-policies-final-es.pdf

This page helps you learn how to create accessibility policies.  

ARCH Disability Law Centre | Advocacy Toolkit – Service Animals in Schools in Ontario

The law states that a service animal does not need to be trained by an organization. But, the school may have policies in place to balance the needs to the disabled student,  against the safety and wellbeing of the general population. 

When it comes down to it, schools and busses are not open to the general public and can create whatever rules they wish. That said, it is wise to contact a professional service dog provider and ask for some suggestions that will protect the school, teachers, and other students from becoming third parties in a law suite. Once you have a few ‘stories’ about things that have happened, then it is time to take your first draft to a lawyer.  

 

Proceedings against owner of dog

 

4 (1) A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that,

(a) the dog has bitten or attacked a person or domestic animal;

(b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or

(c) the owner did not exercise reasonable precautions to prevent the dog from,

(i) biting or attacking a person or domestic animal, or

(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals.  2005, c. 2, s. 1 (6)

Under the Ontario Human Rights Code and the AODA, service animals do not need to have certificates or identity cards.

However, you may be asked to provide acceptable documentation. This includes:

  • documentation from a regulated health professional
  • an identification card from the Ontario Ministry of the Attorney General for people who are blind and use a guide dog

 

What you need to know under the law

You are allowed to bring your service animal into areas that are open to the public unless the animal is excluded by another law. Such as the Dog Owner’s Liability act, or a municipal law. In cases where another law prohibits service animals from entering the premises, the business or organization must provide another way for you to access their goods, services or facilities.

Service dogs do not need to wear a vest, be a specific breed,  have a identification card, or a specific certificate. 

 

There are laws to protect a business. Treat the dog as if it were a person. If a person becomes disruptive, then they are removed. If they are loud, then they are removed. The same with a dog. There is no law that says a restaurant, store, or movie theater cannot write a set of policies to determine how a service dog must act when on the premises. 

Other parts of the law to consider

 (2)  No person shall falsely represent a dog as being a service dog for the purpose of claiming the benefit of this Act.

“service dog” means a dog that is trained as a guide for a person with a disability or that is receiving training to be such a guide, and that has the qualifications prescribed by the regulations made under this Act;

Please note that the Safe and Supportive Classrooms Act, 2019 amended the Education Act to authorize the Minister of Education to issue policies and guidelines on service animals in schools

Committee Transcript 2019-Mar-04 | Legislative Assembly of Ontario (ola.org)

In Robdrup v. J. Werner Property Management, the HRTO accepted that a dog that had not received formal training as a service dog was nonetheless a personal support animal because it was clear that the dog supported the applicant with respect to some of his disability-related needs.

 

href=”https://www.canlii.org/en/on/onhrt/doc/2017/2017hrto1121/2017hrto1121.html?

JF v Waterloo Catholic District School Board, the HRTO found that the duty of the service provider means that they are required to conduct an individualized assessment to understand the disability-related needs and to determine the extent to which accommodation is required. The person need not disclose their diagnosis, but it is important that the person provide further information as necessary for the service provider to understand their needs to support their request for accommodation.

 

Allarie v Rouble, the Tribunal made it clear that “there is nothing in Code which limits the definition of a service animal to one which is trained or certified by a recognized disability-related organization.”

Updated January 2024

What Next?


If your business is open to the public, you may want to post a sign outlining a code of conduct. If the code applies to people then it will apply to the dog.


Can you mitigate the disability without the dog present? The laws tell you that you cannot discriminate against a disabled person.


Some dogs, like diabetic alert dogs, autism dogs, and hearing dogs need to be allowed. But, they have to be mitigating the disability.

Reporting an Incident

You have the right to ask a person to leave the premises if they are causing a disturbance, are a threat to other patrons, or damaging property.

If they do not leave, then call the police and let them deal with the issue.

If you feel you have been discriminated on then you have 2 options. You can leave and advocate for your dog, or you can leave and then contact a lawyer. The worst thing to do is to cause a scene, which will be recorded on security tapes and will be used against you.